Reference no: EM133684183

Question

An invitee of a club member attends a social event. The event includes an open bar and three bars are set up in different parts of the banquet room to provide full access and coverage. Each bar is worked by two dedicated bartenders and they are assisted as a group by a barback. The invitee is enjoying the event and is able to consume ten drinks, a mix of beer, cocktails, and shots. The invitee is showing clear signs of intoxication with loud speech, crude language and behavior, and stumbling. After being served the eleventh drink, the invitee is stopped by the manager and told he was going to be cut off. Becoming argumentive, the manager decides it is time for the invitee to leave the event. The invitee is angered but is escorted out of the banquet room. Obviously unable to drive, the manager sends two staff members with the invitee, one to drive the invitee's car and one for transportation back. At the home, the wife is given the keys and the employees leave. After arriving home, the invitee still angered, grabs the keys and attempts to drive back to the club. On the way, he crashes, hits a tree, and is killed. His car is the only car involved in the accident and he is the only injury/fatality. The tree is on public land.

Could the club be potentially liable? If the wife argued that tipping the bartenders based on the amount of alcohol served, would that argument show intent to use extra alcohol and to continue serving intoxicated attendees?