Bernhard v. Harrah's Club

546 P.2d 719 (1976)

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Nature of the Case

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Facts

D, a Nevada corporation, owns and operates gambling establishments in the State of Nevada in which intoxicating liquors were sold. D advertised for and solicited in California the business of California residents at such establishments knowing and expecting that many California residents would use the public highways in going to and from D's drinking and gambling establishments. Fern and Philip Myers drove from their California residence to D's gambling and drinking club in Nevada. They were served numerous alcoholic beverages by D's employees. It was obvious they were intoxicated and incapable of safely driving a car. D continued to serve and furnish them with alcoholic beverages. Fern Myers was intoxicated and driving when their car drifted across the center line into the lane of oncoming traffic and collided head-on with P, a resident of California, who was then driving his motorcycle along the highway. P suffered severe injuries. P sued D in California claiming D's sale and furnishing of alcoholic beverages to the Myers, who were intoxicated to the point of being unable to drive safely, was negligent and was the proximate cause of P's injuries. D demurrered in that Nevada law denies recovery against a tavern keeper by a third person for injuries proximately caused by the former by selling or furnishing alcoholic beverages to an intoxicated patron who inflicts the injuries on the latter. D claimed Nevada law governed since the alleged tort was committed by D in Nevada. The judge dismissed the case. P appealed.