Southern Bell Telephone & Telegraph Co. v. Altman , 183 Ga. App. 611 ( 1987 )

Deen, Presiding Judge.

On October 25, 1983, Southern Bell Telephone and Telegraph Company (Southern Bell) sponsored an awards banquet at a restaurant, which was attended by Ross Altman, a Southern Bell employee. Alcoholic beverages were served to the Southern Bell employees as part of the meal, and following dinner, more alcoholic beverages were available to the Southern Bell attendees, although at their own expense. Altman, a reformed alcoholic until this night, voluntarily consumed alcoholic beverages during and after the banquet.

At the request of a Southern Bell manager, several of Altman’s co-workers kept him at the restaurant for approximately one hour to an hour and a half after dinner, and got him to drifik some coffee. Three co-workers then persuaded Altman to allow them to drive him home. One co-worker drove Altman’s truck, followed by the two other co-workers in another vehicle.

After delivering Altman to his home and parking his truck (facing the house), the co-workers started to leave; however, they stopped their car in Altman’s driveway when they saw him get into his truck. One co-worker got out of the car and asked Altman what he was doing, and Altman explained that he was only backing his truck into the garage. The three co-workers then waited to see Altman back the truck into the garage, exit the truck, and walk towards the front door of the house. Because it appeared that someone was in the house and that Altman was going into his home, the three co-workers finally left.

However, Altman subsequently got back into his truck and drove away. Later that night he was killed when his truck collided with another vehicle driven by David Satterfield. Altman’s widow (individually, as administratrix of Altman’s estate, and as next friend of their children) and Satterfield and his wife then commenced this action against Southern Bell. Southern Bell moved for summary judgment, which was denied by the trial court, and this interlocutory appeal followed. Held:

1. With regard to the claim asserted by Altman’s widow, this matter is controlled by Sutter v. Hutchings, 254 Ga. 194 (327 SE2d 716) (1985), wherein the Supreme Court made it clear that the provider of alcoholic beverages is not liable for injuries suffered by the consumer of such beverages. The appellees’ argument that Altman’s known past alcoholism removes this case from the dictates of Sutter is unpersuasive.

2. Under Sutter, one who provides alcoholic beverages to a noticeably intoxicated person, knowing that the person will soon be driving a vehicle, may be liable for a third party’s injuries caused by the negligence of the intoxicated driver. The provider has a duty not to subject third parties to an unreasonable risk of harm caused by the intoxicated driver. Under the undisputed facts of this case, as a matter of law Southern Bell satisfied its duty to third parties. To hold otherwise would practically impose a duty upon Southern Bell not only of getting Altman safely home, but also of tucking him in bed, locking his bedroom door, and securing the keys to his truck, or of setting up an all-night vigil in swing shifts to make sure he didn’t leave. “This would be nonsense. People would laugh at the law if it required any such thing.” Fletcher Guano Co. v. Vorus, 10 Ga. App. 380, 382 (73 SE 348) (1911). Accordingly, the trial court should also have granted summary judgment for Southern Bell on the claim asserted by the Satterfields.

Judgment reversed.

Banke, P. J., Carley, Sognier, and Benham, JJ., concur. Birdsong, C. J., McMurray, P. J., Pope and Beasley, JJ., dissent.