Case Brief: Lumpkin V Mellow Mushroom

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Case Brief: Lumpkin v Mellow Mushroom Case Name, Citation & Court: Lumpkin, et al v Mellow Mushroom, et al, 256 Ga. App. 83, 567 S.E.2d 728, Court of Appeals of Georgia, decided 2002. Parties & Procedural History: Trial Court level: Plaintiff Lumpkin sues Defendant Mellow Mushroom. Defendant filed summary judgment motion, and court granted judgment in favor of Defendant. Plaintiff appealed. First appeal: Ga. Court of Appeals affirmed judgment for defendant. Facts: Christian Lumpkin was a patron at Mellow Mushroom on June 7, 2000. There he consumed an unknown amount of beer. He left the establishment at approximately 12:30 am and drove to the home of Seth Calloway, his friend. The two then left the home intending to buy beer and visit a friend. Seth drove to the store in his vehicle, a Jeep which did not have a passenger side door. On the way to the friend’s house, Christian apparently unbuckled his seat belt, hung out of the vehicle, lost his grip and fell out of the Jeep. He was taken to the hospital and died later from his injuries. His parents sued Mellow Mushroom, on the basis that the establishment was negligent by serving alcohol to minors, as Christian was under the legal drinking age. Mellow Mushroom filed a summary judgment, and both the trial court and the court of appeals ruled in favor of the defendant. Plaintiff’s Cause of Action: negligence Issue: Whether a business that furnishes alcohol to a person under the legal drinking age, knowing that such person would soon be driving, is liable for injury resulting from the intoxification of that such person, when the sale is the approximate cause of the injury Defendant’s Argument: Christian Lumpkin was not driving the vehicle in which he attained the injuries that caused his death. The proximate cause of Christian’s death was not the consumption of his alcohol at

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