WILLIAMS v. SAGA ENTERPRISES, INC.

Docket No. B043922.

225 Cal.App.3d 142 (1990)

274 Cal. Rptr. 901

SCOTT WILLIAMS, Plaintiff and Appellant, v. SAGA ENTERPRISES, INC., Defendant and Respondent.

Court of Appeals of California, Second District, Division Three.

November 15, 1990.


Attorney(s) appearing for the Case

COUNSEL

Byers, Kroll, Kuittinen & Lyden and Michael W. Byers for Plaintiff and Appellant.

Wesierski & Zurek and Ronald Zurek for Defendant and Respondent.


OPINION

CROSKEY, J.

Plaintiff Scott Williams (plaintiff), appeals from a summary judgment granted in a personal injury action against respondent, a restaurant serving alcohol. We determine here that a triable issue of material fact exists as to whether the restaurant owed a duty to plaintiff based on a claimed undertaking by one of its employees to withhold a patron's car keys if the patron was not fit to drive his vehicle after he...

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