Torres v. JAI Dining Servs. (Phoenix) Inc. - 252 Ariz. 28, 497 P.3d 481 (2021)

Rule:

The risk created by a liquor licensee overserving a patron exists as long as the patron drives while intoxicated, regardless of when or where the patron travels and even with a short stop at home.

Facts:

After spending an evening drinking and socializing at Jaguars Club, defendant Villanueva drove his truck from the club while intoxicated. He eventually returned home and fell asleep for a short time before getting up to take a friend home. Tragically, defendant was still intoxicated, and he smashed his truck into a car that was stopped at a red light, killing Suarez and Torres Guillen. Their families sued the defendants including the club owner. The families alleged negligence-based claims against JAI for overserving alcohol to the defendant. The trial court ruled in favor of the plaintiffs. The court of appeals reversed the judgment.

Issue:

Did the defendant’s decision to resume driving after reaching home constitute an intervening and superseding cause of the deaths as a matter of law?

Answer:

No.

Conclusion:

In a negligence-based action, defendant's decision to drive while intoxicated after safely reaching home did not constitute intervening and superseding cause that broke chain of causation as a matter of law, thus relieving defendant club owner from liability for overserving alcohol to defendant and thus, trial court properly submitted the issue to the jury.