Personal Injury Blog

California Supreme Court to Decide If Party Host Liable for a Drunk Driving Accident

September 1st, 2011
Drunk driving accident

Ennabe was killed while escorting a drunk guest off the property where the party was being held.

The California Supreme Court will soon decide whether a young woman who charged admission fees to a party in her house, is liable for a drunk driving accident caused by a intoxicated guest.  The Supreme Court justices this week in San Francisco voted to grant review to the case, Ennabe v Manosa.

The accident occurred in 2007.  19-year-old Andrew Ennabe was killed in an accident when he was escorting a drunk guest off the property where the party was taking place.  The driver, was later convicted of a felony, and sentenced to 14 years in prison.

The young woman, Jessica Manosa had been hosting a party at her vacant rental property that was owned by her parents, and that charged a $3-$5 dollar entrance fee to the party.  Last year, the Court Of Appeals had ruled that Manosa was immune from liability because she did not sell alcohol to party guests.  The appeals court found that her charging admission fees did not constitute sale of alcohol to minors.

Under California law, social hosts who provide alcohol beverages to any person are immune from civil liability to a large extent.  However, Andrew’s parents filed a lawsuit against Manosa on the basis that she charged admission fees to partygoers, and had used some of the money that was collected to buy alcoholic beverages for the guests.  According to Andrew’s parents,  therefore making her liable for a drunk driving accident.  However, the Los Angeles Superior Court Judge granted Manosa summary judgment, and an appeals court upheld that judgment.

According to the appeals court, Manosa was not required to be licensed under the law because there was no sale of alcohol beverages.  Besides, the property where the party was being held was not open to the general public, but only to invited guests, and the property was not being used for the primary purpose of keeping, serving or consuming alcohol beverages.  The Supreme Court has decided to review the case.

California has always had an especially serious challenge with drunk drivers.  According to statistics from the year 2008, there were 13,838 fatal drunk driving accidents in the US, and out of these, 1,198 occurred in the state of California.  Those rates have been falling for years now, not least because law enforcement agencies have been coming down hard on intoxicated motorists.  Los Angeles car accident lawyers know that drunk driving is not the overwhelming factor in these accidents it used to be a couple of decades ago.  Strong action by law enforcement, and lowered tolerance to drunk drivers have meant that lower numbers of intoxicated motorists and serious accidents.  However, the threat from drunk drivers is not completely eliminated yet.  Intoxicated drivers contribute to thousands of fatal and serious accidents every year.  In fact, drunk drivers are the second biggest factor in accidents in the US every year, second only to speeding drivers.

 

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