VESELY V. SAGER
5 Cal. 3d 153, 486 P.2d 151, 95 Cal. Rptr (1971)
NATURE OF THE CASE: This is an appeal in a negligence action.
FACTS: Sager (D) owned a bar. His bar served one particular individual until 5:15 A.M.
This individual drove home, and hit Vesely (P). P sued D for injuries claiming that D's
serving the third party alcohol was the proximate cause of the injuries. D was granted a
demurrer to the complaint based on the common law doctrine that a seller of alcohol is not
liable for injuries resulting from intoxication. This rule was based on the theory that one
cannot become intoxicated by reason of liquor furnished him if he does not drink it. P
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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