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FAUST v. ALBERTSON

No. 81356-6.

211 P.3d 400 (2009)

Bianca FAUST, individually and as guardian, of Gary C. Faust, a minor, and Bianca Celestine Mele, Bryan Mele, Beverly Mele, and Albert Mele, Petitioners, v. Mark ALBERTSON, as Personal, Administrator for the Estate of Hawkeye Kinkaid, deceased, Defendant, Bellingham Lodge, Loyal Order of Moose, Inc., Alexis Chapman, Respondents, Moose International, Inc., John Does (1-10) (fictitious names of unknown individuals and/or entities) and ABC Corporations (1-10) (fictitious names of unknown individuals and/or entities), Defendants.

Supreme Court of Washington, En Banc.

Decided July 16, 2009.

Attorney(s) appearing for the Case

Philip Albert Talmadge, Emmelyn Hart-Biberfeld, Talmadge/Fitzpatrick, Tukwila, WA, Steven John Chance, Attorney at Law, Bellingham, WA, for Petitioners.

Russell Charles Love, Thorsrud Cane & Paulich, William Edward Fitzharris Jr., Preg O'Donnell & Gillett PLLC, Seattle, WA, Paul V. Esposito, Clausen Miller, Chicago, IL, for Respondents.

Deborra E. Garrett, Zender Thurston PS, Bellingham, WA, Leslie Moore, Irving, TX, for Amicus Curiae Mothers Against Drunk Driving.

George M. Ahrend, Dano Gilbert & Ahrend PLLC, Moses Lake, WA, Bryan Patrick Harnetiaux, Spokane, WA, for Amicus Curiae Washington State Association for Justice Foundation.

OWENS, J.

¶ 1 Commercial sellers of alcoholic beverages may be liable for damages to a third party suffered at the hands of a drunk driver on a theory of negligent overservice of a person apparently under the influence of alcohol. This case calls for examination and clarification of the evidence necessary to properly establish a triable issue of fact regarding negligent overservice under RCW 66.44.200(1).

FACTS

¶ 2 Hawkeye Kinkaid died...

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