Wong-Leong v. Hawaiian Independent Refinery, Inc.

879 P.2d 538 (1994)

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Nature of the Case

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Facts

Rellamas crashed into a vehicle carrying Chong, Lacaran, and Shasadee. All four people were killed in the two-car accident. The medical examiner determined that alcohol and marijuana consumed by Rellamas were contributing factors to the fatal accident. Rellamas was employed by D. He was returning home after drinking beer at a party celebrating his recent promotion. The party was held at the picnic area on D's premises. The party started at about 6:00 p.m. and continued until about 7:30 p.m. when the evening shift supervisor directed the workers to leave the premises. Rellamas was on his way home from the party when the accident occurred at about 8:30 p.m. He did not make any stops between leaving work and the accident. The consumption of beer at D was extensive, taking place nearly every day. These included end-of-work parties on the last Friday of every month; almost daily playing horseshoes parties; and 'mini' parties for promotions, birthdays, babies, vacations, and other similar events. All of these events took place outside the fence enclosing the D's operations. D placed picnic tables and a grill in the area. There was also an eighteen-cubic foot 'cooler' constructed by D's maintenance department for the drinks. D and its managers knew about the different parties and drinking get-togethers. Supervisors often attended these parties. Employees circulated a petition a year before the accident requesting that the 'current practice, which allows employees to consume alcohol during lunch or break hours ... be reviewed by the policy task force and discontinued due to its safety-sensitive nature.' D’s summary judgment motion was granted, and Ps appealed.