Court holds young hosts responsible for drunken guests

The California Supreme Court sent a warning Monday to high school and college students who host liquor parties and charge admission: If you serve a drink to an obviously intoxicated minor who later causes a crash, you'll be held responsible.

The unanimous ruling modestly expands protection for accident victims, a quarter century after state lawmakers overturned the court's rulings that allowed lawsuits against social hosts as well as liquor dealers for harm caused by drunken drivers.

A 1978 state law eliminated liability for social hosts and allowed suits only against bars and retailers that sold alcohol to obviously intoxicated minors. A recent state law extended legal responsibility to any adult who sold or served liquor to a minor who caused an accident.

Monday's ruling applied the same standard to minors who charge admission for parties where liquor is served, treating them as the equivalent of bars. State law still exempts those who sell or serve drinks to adults, who remain solely responsible for the damage they cause.

The ruling should act as "a deterrent on people who serve obviously intoxicated minors," said attorney Sharon Arkin, who represented the plaintiffs group Consumer Attorneys of California. "If people are going to do that, they should face the consequences of their actions."

The court revived a lawsuit by the family of Andrew Ennabe, a 19-year-old college student who was run over and killed by a drunken driver outside a party in the Los Angeles suburb of Diamond Bar in April 2007.

The hostess, 20-year-old Jessica Manosa, held the event at her parents' home, without their consent, and charged uninvited guests $3 to $5 to cover the cost of alcohol, lawyers for Ennabe's family told the court. One entrant, Thomas Garcia, 20, paid $20 for himself and several friends, was visibly intoxicated when he arrived, and drank four shots of whiskey at the party, witnesses said.

Garcia was later asked to leave for rude behavior. Ennabe escorted Garcia and his friends outside, where one of Garcia's friends spat at Ennabe, the court said. Ennabe then chased Garcia's friend into the street, where Garcia ran over him with his car and killed him.

Garcia pleaded guilty to manslaughter and was sentenced to 14 years in prison. Ennabe's family sued Manosa under a law imposing liability on those who sell alcohol to obviously intoxicated minors. Lower courts ruled that the entrance fee she charged did not amount to selling drinks, but the state's high court said a cover charge can be the same as a sale.

If the family's allegations are accurate, "Manosa operated what was in essence a pop-up nightclub" in which entrants such as Garcia were charged for drinks, Justice Kathryn Mickle Werdegar said in the ruling.

The justices returned the case to Superior Court for a trial on the disputed facts.

Online: The ruling in Ennabe vs. Manosa, S189577, is at http://bit.ly/1fiT6tz.