Negligent Failure to Refuse Service to an Already Intoxicated Patron Renders Alcoholic Beverage Licensee Liable for the Intentional Torts of Intoxicated Patrons: S & A Beverage Co. v. DeRouen, 753 S.W.2d 507 (Tex. App.—Beaumont 1988, writ denied)

Date

1989

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

A drunken Bobby Earl Johnson assaulted DeRouen in the women’s restroom of Bennigan’s Tavern. DeRouen brought action again S & A Beverage, owners and operators of Bennigan’s Tavern, seeking recovery for personal injuries suffered as a result of the assault. The jury awarded DeRouen damages finding that the bar owners were negligent in failing to refuse service to the intoxicated Johnson and that such negligence was the proximate cause of the assault. The case was appealed and the court held that the alcoholic beverage licensee owes the duty to refuse service to the intoxicated not only to the motoring public, but to the general public as well.

Description

Keywords

S & A Beverage Co. v. DeRouen, Intoxication, Dram shop liability, Personal injury, Damages, Negligence, Proximate cause, Sexual assault

Citation

20 Tex. Tech L. Rev. 1323