Vesely v. Sager Case Brief Summary | Law Case Explained

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Vesely v. Sager, 486 P.2d 151 (1971)

If a bar owner overserves a customer and the customer drunkenly hits someone on his drive home, can the bar owner be held liable to the injured third party? We explore that question in Vesely versus Sager.

William Sager owned the Buckhorn Lodge. The only way to access the lodge was a steep and winding mountain road. James O’Connell visited the lodge and drank excessively. Although the lodge closed at 2 AM, the lodge continued to serve O’Connell until approximately five in the morning. After leaving the lodge and while driving down the mountain road, O’Connell crossed the center line and struck a car, injuring the driver, Miles Vesely.

Vesely sued Sager. Vesely alleged that Sager continued to serve O’Connell, despite the fact that O’Connell was obviously intoxicated and despite knowing that O’Connell would have to drive down the mountain road upon leaving the lodge. Sager demurred, arguing that the seller of alcohol cannot be held liable for injuries that an intoxicated patron causes to a third party. The trial court sustained the demurrer. Vesely appealed to the California Supreme Court.

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