This section contains the nature of the case and procedural background.

D had a party at his house. Later on that same day, approximately 0.9 miles north of Olowalu, there was a collision between the Suzuki Samurai vehicle P was driving and the automobile Bumanglag was driving. Bumanglag had been a guest at P’s party, where alcohol was part of the festivities. D purchased the alcohol for the party and controlled the supply, service, and consumption of the alcohol. D knew Bumanglag had become intoxicated, but continued to serve alcohol to him. D knew of Bumanglag’s intention to drive after leaving the party and that the consumption of alcohol would impair Bumanglag’s driving ability. P was seriously injured. Bumanglag's blood alcohol level was 0.15 percent. P filed a complaint against D and the other defendants, and D filed a third-party complaint against Bumanglag. The parties stipulated that the injuries sustained by P were a foreseeable consequence of supplying and serving alcohol at the party. D moved for summary judgment, and the court granted it. P appealed.

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