Williams v. Saga Enterprises, Inc

In Williams v. Saga Enterprises, Inc. (1990) 225 Cal. App. 3d 142, the appellate court held that "a triable issue of material fact exists as to whether the restaurant owed a duty to plaintiff based on a claimed undertaking by one of its employees to withhold a patron's car keys if the patron was not fit to drive his vehicle after he left the restaurant." In Williams, however, the patron was a regular customer, who would give his car keys to the bartender whenever he came in. ( Id. at p. 150.) The night manager and the patron had previously discussed the patron's release of his keys, and the manager would not have returned the keys if the patron had been under the influence. (Ibid.) The manager and the patron had become friends, and the manager " 'felt it was his duty and responsibility as a friend, not only as the manager of the establishment, to make sure that he was able to drive before he was able to give him his keys.' " (Ibid.) The Williams court concluded it would be reasonable to infer from the manager's testimony that he and the patron "had an arrangement or agreement" that he would only return the car keys if the patron was able to safely drive his car when he left. (Ibid.)