Ewing v. Cloverleaf Bowl

In Ewing v. Cloverleaf Bowl (1978) 20 Cal.3d 389, and very tragically, the plaintiff's decedent had determined to celebrate his 21st birthday and his concomitant right to order alcoholic beverages in a public place by becoming quickly and thoroughly drunk in the bar of a local bowling alley. The young man began with a vodka collins "on the house," but in his anxiety for inebriety stepped up the pace to 151 proof rum, of which he consumed at least 10 overfilled shot glasses. He died, having an alcohol level of .47 percent, after passing out in the bar. He did not drive; there was no car involved. Under those circumstances, the Supreme Court held that a question was presented for jury determination as to whether the behavior of both the decedent and the bartender should be characterized as negligent or willful misconduct, and affirmed that the proximate causation of the death was not one where, as a matter of law, only consumption (rather than a combination of consumption and sale) could be deemed the sole cause.