[Download] "Frank Smith v. Randy Sewell" by Supreme Court Of Utah * Book PDF Kindle ePub Free
eBook details
- Title: Frank Smith v. Randy Sewell
- Author : Supreme Court Of Utah
- Release Date : January 21, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
In this cause, we consider whether a provider of alcoholic beverages may be responsible for an intoxicated individuals injury to himself under Chapter 2 of the Alcoholic Beverage Code. After he was severely injured in an auto accident, Randy Sewell ("Sewell") sued Frank Smith, the operator and owner of a bar, and others under Chapter 2 of the Texas Alcoholic Beverage Code ("Chapter 2"). The trial court granted summary judgment for Smith and the others. The court of appeals reversed and remanded the trial courts summary judgment in favor of Smith, and affirmed the trial courts summary judgment in favor of the others. 819 S.W.2d 565. We hold that an individual who is provided, sold, or served alcoholic beverages in violation of Chapter 2 of the Alcoholic Beverage Code and injures himself may assert a cause of action against the provider. We further hold that the Comparative Responsibility Act -- Chapter 33 of the Texas Civil Practice and Remedies Code -- is applicable to Chapter 2 causes of action. Consequently, we affirm the judgment of the court of appeals.