Brigance v. Velvet Dove Restaurant, Inc.
Supreme Court of Oklahoma
725 P.2d 300 (Okla. 1986)
Employees of Velvet Dove Restaurant (defendant) knew patron Johnson had driven to the restaurant, but continued serving him alcohol even after he became visibly intoxicated; Johnson then drove away and caused an accident injuring Brigance (plaintiff). Brigance sued Velvet Dove for negligently serving Johnson while visibly intoxicated, but the trial court dismissed the claim, relying on the traditional common-law rule that alcohol vendors aren't liable for harm caused by an intoxicated patron.
Whether, absent a specific dram shop statute, a business that sells alcohol for on-premises consumption owes a common-law duty of reasonable care not to sell alcohol to a patron who is visibly intoxicated.