Mastriano v. Blyer

WATHEN, C.J.,

with whom DANA, J., joins, dissenting.

[¶ 22] I respectfully dissent. The Court has correctly stated the general rule that the heightened duty a carrier owes its passenger continues until the carrier has discharged the passenger at a reasonably safe location. It has failed to recognize, however, that discharging an intoxicated passenger at his or her car may not be discharging the passenger at a reasonably safe location. The present case is particularly compelling because, taking the facts in the light most favorable to plaintiff, the carrier was specifically informed at the time…