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

Barajas was an employee of D. On Friday, December 21, 1979, at D's manufacturing plant, commencing at noon and continuing until 4 p.m., D held a Christmas party for its employees at which, it is alleged, the employees were caused to attend and caused to imbibe large quantities of alcoholic beverages. Barajas attended and became intoxicated to the extent that his ability to drive an automobile was substantially impaired. He attempted to drive home. In this attempt, he was involved in the accident, which resulted in the death of James Harris and injury to Dawn and Steven Griffin (Ps). Ps alleged that the death of Harris and the injuries of Dawn and Steven Griffin were the result of the accident, which was proximately caused by the Barajas' advanced state of intoxication. D demurred, and the trial court dismissed Ps’ action. Ps appealed.

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