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)



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Texas Tech Law Review


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.



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


20 Tex. Tech L. Rev. 1323