Paula v. Gagnon

In Paula v. Gagnon (1978) 81 Cal.App.3d 680, decedent went to three taverns, consumed at least enough alcohol to have had a .19 percent blood alcohol reading, and killed himself in a single car accident on his way home. Defendants moved for summary judgment and were successful in the trial court, but fared less well on appeal. The appellate decision was, that the question of obvious intoxication was one of fact, as was the question of willful misconduct. Indeed, that court stated that "because we have concluded that in the present procedural situation the complaint does not reveal willful misconduct as a matter of law, we need not decide whether such a showing would bar recovery by appellants." ( Paula v. Gagnon, supra, 81 Cal.App.3d at p. 685; italics added.)