Rider v. Gaslight Tavern Corp.

OPINION OF THE COURT

Mahoney, P. J.

On November 2, 1980 between 6:00 p.m. and 7:00 p.m., William E. Murthey agreed to drive David Agan, Jack Agan and Linda De Felice from the Gaslight Tavern in the City of Hudson, Columbia County, to the house of Agans’ parents in the nearby community of Niverville. Murthey and his passengers were all drinking and in various stages of intoxication. Murthey continued to drink while driving and began shaking, shivering, vomiting and experiencing seizure-like fits after his vehicle arrived at the Agans’ home in Niverville. David Agan called defendant Valatie…