Bridges, et al. v. Park Place Entertainment, et al.


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Docket Number: 2002-CA-02145-SCT

Supreme Court: Opinion Link
Opinion Date: 12-04-2003
Opinion Author: Carlson, J.
Holding: Affirmed

Additional Case Information: Topic: Personal injury - Dispenser of intoxicants to an adult individual - Section 67-1-83(1) - Section 67-3-73
Judge(s) Concurring: Smith, P.J., Waller, Cobb, Easley and Graves, JJ.
Non Participating Judge(s): Diaz, J.,
Dissenting Author : McRae, P.J.
Concurs in Result Only: Pittman, C.J.
Procedural History: Dismissal
Nature of the Case: CIVIL - PERSONAL INJURY

Trial Court: Date of Trial Judgment: 12-05-2002
Appealed from: Tunica County Circuit Court
Judge: Larry O. Lewis
Disposition: The trial court granted the Grand Casino's motion for judgment on the pleadings and dismissed the suit.
Case Number: 2002-0092

  Party Name: Attorney Name:  
Appellant: William Bridges, By and Through His Conservator, Sharon Bridges, and Sharon Bridges, Individually




DANIEL A. SEWARD



 

Appellee: Park Place Entertainment a/k/a Park Place Entertainment, Inc. a/k/a and/or d/b/a The Grand Casino, John Doe and/or Jane Doe TIM WADE HELLEN D. PACE BRANAN  

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Topic: Personal injury - Dispenser of intoxicants to an adult individual - Section 67-1-83(1) - Section 67-3-73

Summary of the Facts: William and Sharon Bridges filed a complaint against the Grand Casino alleging that while William was gambling, the Casino and its staff continuously served him alcoholic and/or intoxicating beverages and that William’s subsequent injuries were a direct and proximate result of the Casino continuously serving William alcohol after he was visibly intoxicated. The Casino filed a motion for judgment on the pleadings. The court granted the motion and dismissed the suit. The Bridgeses appeal.

Summary of Opinion Analysis: Section 67-1-83(1) provides that it shall be unlawful for any permittee or other person to sell or furnish any alcoholic beverage to any person who is known to be insane or mentally defective, or to any person who is visibly intoxicated. The Bridgeses argue that the language "any person who is visibly intoxicated" is meant to encompass everyone for public policy considerations. In Cuevas v. Royal D'Iberville Hotel, 498 So. 2d 346 (Miss. 1986), the Supreme Court held that the Legislature did not intend to impose liability upon a dispenser of intoxicants to an adult individual who voluntarily consumes intoxicants and then, by reason of his inebriated condition, injures himself. Since that decision, the Legislature enacted section 67-3-73 which states that the holder of an alcoholic beverage permit shall not be liable if they lawfully sell the intoxicating beverages unless the vendor sells intoxicating beverages, or furnishes intoxicating beverages, to a person who is visibly intoxicated. In adopting section 67-3-73, the Legislature had the opportunity to clearly state whether adults who voluntarily consume alcoholic beverages and then injure themselves as a result of that intoxication were members of the protected class thus enabling them to bring suit against vendors who sold or furnished them the alcoholic beverages. Since the Legislature did not take this opportunity, the holding in Cuevas clearly applies to the present case.


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