Supermarket Not Liable For Selling Beer To Passenger Of Driver Who Killed Another In Car Accident.

A checker at a Safeway store sold a 12-pack of beer to a man under the age of 21, who was the passenger in a car that caused an accident a few minutes later, killing the son of plaintiffs. The checker asked for identification and was shown a forged California driver’s license indicating the purchaser of the beer was over 21. Nothing about the license alerted the checker it was not genuine. The driver/companion of the purchaser estimated he drank a half a bottle of beer while driving toward Sonoma State University prior to the accident. The parents of the deceased brought an action against Safeway alleging violation of Business and Professions Code §25602.1 which makes it illegal to sell alcohol to an obviously intoxicated minor. The trial court entered summary judgment in favor of Safeway. The appellate court affirmed, noting “the person to whom [Safeway] sold alcohol was not the person whose negligence allegedly caused the injury at issue.  Ruiz v. Safeway  (Cal. App. First Dist., Div. 5; October 12, 2012) 209 Cal.App.4th 1455.