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Christopher v. Father's Huddle Cafe1/28/2003
Suffolk.
March 22, 2002
Negligence, Tavern, Wrongful death, Consumption of alcoholic liquors by minor guest, Proximate cause. Wrongful Death. Proximate Cause. Alcoholic Liquors, Sale to minor.
A jury returned verdicts for the plaintiff on claims that the defendants' negligent operation of a tavern proximately caused the death of Thomas Christopher, who was struck by a car as he fled an altercation with patrons of the tavern that took place outside.
1. Background. a. Proceedings. The plaintiff sought recovery for wrongful death under G.L. c.229, §2. We construe the plaintiff's case as arising from the alleged breach of the duty to protect tavern patrons from harm and the duty not to sell alcoholic beverages to underage persons. See Pucci v. Amherst Restaurant Enterprises, Inc., 33 Mass. App. Ct. 779, 780 n.2 (1992). Upon general verdicts, the jury found Father's Huddle Café, Inc., and Café Enterprises, Inc., negligent and grossly negligent.
The trial judge denied the defendants' motions for directed verdicts made at the close of the plaintiff's case and renewed after the defendants rested; denied a request that the jury be specially instructed to return separate verdicts on each of the plaintiff's theories of negligence; and denied the defendants' motions for judgment notwithstanding the verdicts. The defendants appeal the denial of their motions for directed verdicts and the denial of their motions for judgment notwithstanding the verdicts.
b. Facts. " n reviewing the denial of the defendant[s'] motions for directed verdict and judgment notwithstanding the verdict, we will construe the evidence most favorably to the plaintiff and disregard that favorable to the defendant ." Cimino v. Milford Keg, Inc., 385 Mass. 323, 326 (1982). See Dartt v. Browning-Ferris Indus., Inc., 427 Mass. 1, 16 (1998). We sustain a jury verdict if there is anywhere in the evidence any combination of circumstances from which a reasonable inference could be drawn supporting the verdicts. See Michnik-Zilberman v. Gordon's Liquor, Inc., 390 Mass. 6, 7 n.1 (1983); McCartin v. Westlake, 36 Mass. App. Ct. 221, 224 (1994). Although the question is a close one, the issues of negligence and causation are most appropriately left to the jury, and there is enough in the evidence to support the jury verdicts as to Father's Huddle Café, Inc.
The evidence, in summary, warrants finding that Frederick Callinan, head doorman at Father's Too on the evening of September 8, 1992, was responsible for checking identification of all persons seeking entry to the tavern to make sure that no one was admitted who was under the age of twenty-one, the legal age for drinking alcohol, and for exerting control and preventing or stopping fights involving patrons. Thomas Christopher and his friend, Robert McFadries, then both twenty-three years old, arrived at the tavern at approximately 8:30 P.M. to drink beer and watch a ball game on television. Throughout the evening they sat near Callinan, who stood inside the door. While at the tavern, they ate hot dogs and drank a couple of pitchers of beer between them. At approximately 10:00 P.M., a group arrived that included Kevin Baker and Matthew Lombard, both eighteen years old. They knew that, despite their ages, they could get in and drink alcohol. Baker, often accompanied by Lombard, had been a regular patron since he was sixteen and had, since that date, been admitted to the tavern two hundred times. Each carried only an authentic driver's license, which he showed to the doorman when requested, and neither was ever denied entry in spite of the fact that the license identified him as under the age of twenty-one. On the night in questi
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