Graff v. Beard

858 S.W.2d 918 (1993)

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Nature of the Case

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Facts

Moos consumed alcohol at a party hosted by the Graffs and Hausmons (Ds). Moose allegedly left in his vehicle in an intoxicated condition. Moos collided with a motorcycle, injuring Beard (P). P sued both Moos and his hosts for his injuries. The trial court ultimately dismissed P's claims against the hosts for failure to state a cause of action. An en banc divided court of appeals reversed the trial court's judgment and remanded the case, holding for the first time in Texas jurisprudence that social hosts may be liable to third parties for the acts of their intoxicated adult guests. Ds appealed. Under the court of appeals’, a social host violates a legal duty to third parties when the host makes an alcoholic beverage available to an adult guest who the host knows is intoxicated and will be driving.