JOHNSTON v. KFC NAT. MANAGEMENT CO.

No. 13446.

788 P.2d 159 (1990)

Patricia Ann JOHNSTON, as Guardian Ad Litem for Donna Suzanne Johnston, Plaintiff-Appellant, v. KFC NATIONAL MANAGEMENT COMPANY, a Delaware Corporation, Andrea Cui, James Cui, and Marion Cui, Sandra Joan Parks, Joanne L. DeCambra, and Does 1-10, Defendants-Appellees.

Supreme Court of Hawaii.

As Amended on Consideration of Motion for Reconsideration March 23, 1990.


Attorney(s) appearing for the Case

Richard Turbin, Law Offices of Richard Turbin (Guy A. Sibilla with him on the briefs), Honolulu, for plaintiff-appellant.

Barry M. Kurren (Lance S. Fujisaki with him on the brief of Burke, Sakai, McPheeters, Bordner & Gilardy), Honolulu, for defendant-appellee KFC Nat. Management Co.

Jeffrey H.K. Sia (Gail M. Kang with him on the brief of Libkuman, Ventura, Ayabe, Chong & Nishimoto), Honolulu, for defendants-appellees Andrea Cui, James Cui, and Marion Cui.

Kenneth R. Kupchak (Damon Key Bocken Leong & Kupchak), Honolulu, for amicus curiae Hawaii Council for Mothers Against Drunk Driving.

Mark S. Davis (Jeffrey White with him on the brief), of Davis & Levin, Washington, D.C., for amicus curiae Ass'n of Trial Lawyers of America.

Sherry P. Broder for Hawaii Counsel for The Council on Alcohol Policy of The Nat. Ass'n for Public Health Policy and Robert A. Roth, Honolulu, for amicus curiae Nat. Ass'n for Public Health Policy.

John M. McGuire, Wesley M. Fujimoto and Sabrina R. Toma, on the brief of Torkildson Katz Jossem Fonseca Jaffe & Moore, Honolulu, for amicus curiae Chamber of Commerce of Hawaii, Retail Merchants of Hawaii and Mfrs. Ass'n of Hawaii.

Before PADGETT, Acting C.J., HAYASHI and WAKATSUKI, JJ., NAKAMURA, Retired Justice, assigned by Reason of a Vacancy, and WALTER M. HEEN, Intermediate Court of Appeals Judge, in place of LUM, C.J., recused.


WAKATSUKI, Justice.

In Ono v. Applegate, 62 Haw. 131, 612 P.2d 533 (1980), this court "allow[ed] a person injured by an inebriated tavern customer to recover from the tavern that provided liquor to the customer." Id. at 136, 612 P.2d at 538. Appellant, in this case, would have this court extend liability to non-commercial suppliers of alcoholic beverages, i.e., the social host. We decline.

I.

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