Smoyer v. BIRMINGHAM A. CHAMBER OF COM.
Smoyer v. BIRMINGHAM A. CHAMBER OF COM.
Opinion
Sandra D. Smoyer appeals from the summary judgment granted in favor of the defendants. We affirm.
On February 29, 1984, the Birmingham Area Chamber of Commerce (hereinafter "Chamber of Commerce") hosted a "Business After Hours" reception at the Mountain Brook Sheraton Hotel (hereinafter "Sheraton"). James C. Kyzer was a member of the public affairs committee of the Chamber of Commerce. As a member of this committee, Kyzer volunteered to sell admission and drink tickets at the reception. The admission price of $3 per person was charged in order to cover the cost of the food served at the reception, while beer and mixed drink tickets were sold for a nominal charge of $.50 and $1.00, respectively. Kyzer was provided free drinks at the reception.
Kyzer left the Sheraton at approximately 8 p.m. Smoyer was traveling in the left southbound lane of U.S. Highway 280 near the intersection of Highway 280 and the Sheraton driveway when Kyzer was leaving the Sheraton. As Kyzer was exiting the Sheraton driveway, he drove his automobile into the acceleration lane; then he moved into the right southbound lane and then into the left southbound lane of Highway 280, where he was struck by Smoyer's automobile as he moved into the lane.
Smoyer filed suit against several parties. The defendants included Kyzer and Liberty National Life Insurance Company, neither of whom is involved in this appeal. In her suit Smoyer alleged against the Chamber of Commerce and Cory G. Jackson (the manager of the Sheraton) a cause of action based upon Alabama's Dram Shop Act (Ala. Code 1975, §
Jackson Motel Management Company, Inc., operated the Sheraton by contract with The Patio Club of Birmingham, Inc., which was the general partner of M.B. Motel Limited, which owned the premises. Cory G. Jackson was the president of Jackson Motel Management Company, Inc.
"(a) Every wife, child, parent or other person who shall be injured in person, property or means of support by any intoxicated person or in consequence of the intoxication of any person shall have a right of action against any person who shall, by selling, giving or otherwise disposing of to another, contrary to the provisions of law, any liquors or beverages, cause the intoxication of such person for all damages actually sustained, as well as exemplary damages."
In Martin v. Watts,
"Section
6-5-71 creates a civil remedy against persons who, contrary to law, cause the intoxication of another by providing the other person with alcoholic beverages, when the plaintiff is injured because of the intoxication. The term which most narrowly limits this cause of action is the requirement that the providing of the alcoholic beverages be contrary to law." (Emphasis original.)
Smoyer argues that because the Chamber of Commerce did not have a license to sell alcoholic beverages, as required by Ala. Code 1975, §
A "sale" is defined in Ala. Code 1975, §
"Any transfer of liquor, wine or beer for a consideration, and any gift in connection with, or as a part of, a transfer of property other than liquor, wine or beer for a consideration." (Emphasis added.)
Smoyer asserts that a "sale" occurred between Kyzer and the Chamber of Commerce because Kyzer conferred a benefit upon the Chamber of Commerce by selling admission and drink tickets at the reception and, in exchange for performing these services, received alcoholic beverages. We do not agree.
In order to constitute consideration for a promise, there must have been an act, a forbearance, a detriment, or a destruction of a legal right, or a return promise, bargained for and given in exchange for the promise. Files v. Schaible,
Smoyer also asserts that Cory Jackson, who held the liquor license for the Sheraton, should be liable under the Dram Shop Act for allowing an unlicensed vendor to sell or provide alcoholic beverages at the Chamber of Commerce reception. As previously stated, in order for the Dram Shop Act to apply, a person must have provided alcoholic beverages to another. SeeMartin v. Watts, supra. In this case, there is no evidence that Jackson or any person under his control provided alcoholic beverages to Kyzer. The record shows that the Sheraton did not furnish the liquor to be served and did not furnish the bartenders for the function. Jackson and the Sheraton's only connection to the Chamber of Commerce function was that the Sheraton rented a reception room to the Chamber of Commerce. Accordingly, summary judgment was properly granted for Jackson.
This Court has held that no matter how negligent a party may have been in a particular instance, he is accountable only to those persons injured as a proximate result of such negligence.Hall v. Booth,
"It is axiomatic that regardless of a tort-feasor's culpability, regardless of whether he failed to exercise reasonable care in carrying out a duty imposed upon him by law, he may not be held liable unless there is a causal connection between his action and the injury for which the aggrieved party seeks compensation."
In their motions for summary judgment, the architects, the contractors, and the owners and operators of the Sheraton offered evidence to show that there was not a causal relationship between the alleged negligent design, construction, or maintenance of the driveway and Smoyer's injuries. Due to the injuries that Kyzer received in the accident, he could not recall anything about the accident. Accordingly, he could not state whether the condition of the driveway contributed to the accident. Smoyer testified that she first saw Kyzer's automobile when it was in the acceleration lane after it had just exited the Sheraton driveway. Smoyer did not observe the automobile as it approached the intersection and could not testify as to whether the automobile stopped before entering Highway 280. In fact, there was no evidence that Kyzer did not stop prior to entering Highway 280. Based upon the testimony before the trial court, any explanation for Kyzer's actions or inactions would be based upon speculation or conjecture. Evidence that affords nothing more than mere speculation, conjecture, or guess is completely insufficient to warrant the submission of a case to the jury. Sprayberry v.First National Bank,
The judgment of the trial court is affirmed.
AFFIRMED.
TORBERT, C.J., and MADDOX, ALMON, SHORES, BEATTY and HOUSTON, JJ., concur.
JONES, J., concurs in the result.
Reference
- Full Case Name
- Sandra D. Smoyer v. Birmingham Area Chamber of Commerce
- Cited By
- 33 cases
- Status
- Published