Drink Tickets to Make a Comeback in the 2014 Holiday Party Season
| Citation | Vol. 20 No. 1 |
| Publication year | 2014 |
| Author | By Shirish Gupta |
By Shirish Gupta
Principal of Flashpoint Law, Gupta has been practicing law since 1999. He is a 4-time Super Lawyer and has received such accolades as NAPABA's Best Lawyers Under 40 award, Southern California's Top Rated Lawyers and AV Preeminent Rated Lawyer. Shirish is the Chair-Elect of the California State Bar Solo and Small Firm Section Executive Committee and a frequent speaker on litigation strategy, IP, mediation strategy, litigation management, law firm management and marketing.
Company holiday parties are likely to be a bit less "festive" this year as courts come down on parties with open bars and unlimited drinks.
On July 31, 2013, the California Court of Appeal was the latest to hold that an employer may be liable if its employee gets intoxicated at a company party, makes it home safely and then injures a third party. Yes, you read correctly, the employer may be liable for actions taken by a drunk employee after he's safely home. With this ruling, California joins Oregon, Washington and Hawaii.
Just like most American companies, the San Diego Marriott del Mar hotel holds a holiday party for its employees. And like most holiday parties, alcohol is served. For the 2009 party, Marriott del Mar managers had initially set a limit of two servings of beer or wine per person, but once the party got started, they had hard liquor brought out for all to enjoy. As expected, some employees got drunk.
Michael Landri, a Marriott bartender, had the day off and pre-partied at home with a beer and a shot of Jack Daniels. Landri took a personal supply of Jack Daniels to the party in a flask, which he regularly refilled from the hotel's liquor supply. He carpooled with four others to the party.
At the end of the party, Landri and his carpool were driven back to Landri's house. Twenty minutes later, Landri drove one of his co-workers home because the co-worker was too drunk to drive. En route, Landri rear-ended a vehicle, killing its driver. Landri's BAC was .16 - twice the legal limit in California.
Landri was sentenced to six years in prison. The victim's family sued Landri and his employer, Marriott.
For nearly 60 years, it has been California law that an employer may be liable if an employee gets drunk at a company party and hits someone while driving home. Here, Marriott defended the case arguing that once its employee got home safely, it was off the hook for...
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