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TOBIAS v. SPORTS CLUB, INC.

No. 24830.

332 S.C. 90 (1998)

504 S.E.2d 318

Robert L. TOBIAS and Mary Ellen Tobias, Petitioners, v. The SPORTS CLUB, INC.; Hotel Associates, a Limited South Carolina Partnership; The Ramada Hotel; Mallards: Interstate Management and Investment Corporation; E.L. Pooser; and Robert A. Dean of whom Hotel Associates, a Limited South Carolina Partnership; The Ramada Hotel; Mallards; Interstate Management and Investment Corporation; E.L. Pooser; and Robert A. Dean, are Respondents.

Supreme Court of South Carolina.

Decided August 17, 1998.

Attorney(s) appearing for the Case

James A. Merritt, Jr. and William K. Witherspoon, both of Berry, Adams, Quackenbush & Stuart, P.A., and Deborah R.J. Shupe, of Louthian & Louthian, for petitioners.

James W. Alford and Andrew Haselden, all of Barnes, Alford, Stork & Johnson, LLP, Columbia, for respondents.

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

FINNEY, Chief Justice:

We granted certiorari to consider the Court of Appeals' decision holding that the defenses of contributory negligence and assumption of the risk were available in a negligence suit1 brought by the intoxicated adult patron against the tavern owner who served him. Tobias v. The Sports Club, Inc., 323 S.C. 345, 474 S.E.2d 450...

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