Beard v. Graff

ON APPELLANT’S MOTION FOR REHEARING

CARR, Justice.

The appellants’ motion for rehearing is granted and the following En Banc opinion is substituted for the panel opinion of October 31, 1989, as the opinion of this court.

This is an appeal from a judgment of dismissal in a negligence suit which presents us with an issue of first impression. The issue presented is whether, in any situation, a cause of action exists which imposes a duty on a social host to stop serving alcoholic beverages to an intoxicated guest who the host knows is intoxicated and also knows will thereafter operate a motor…