Patterson v. Thunder Pass, Inc
In Patterson v. Thunder Pass, Inc., 214 Ariz. 435, 153 P.3d 1064 (App. 2007), a tavern served intoxicating liquors to an obviously intoxicated patron, but, when the patron tried to leave, tavern employees confiscated the patron's vehicle keys and drove her home. Id. at 436,3, 153 P.3d at 1065.
After the employees left, the patron, unbeknownst to the employees, returned to the tavern, got in her car, and caused an accident while trying to drive home. Id.
The driver of the other vehicle sued the tavern, alleging he had sustained damages as a result of its negligent over-service of intoxicating liquor to the patron. Id. at4.
On appeal, the Court determined that the tavern had fulfilled its duty of care by taking the ameliorative steps of separating the patron from her vehicle and arranging for safe transportation to her home. Id. at 439,16, 153 P.3d at 1068.