Young V. Dfw Corp‪.‬

Janeen Young was severely injured when a vehicle driven by Jennifer Jacobi struck Young's car head-on. More than an hour after the accident, Jacobi's blood alcohol concentration was .20 percent. Earlier that evening, Jacobi consumed various alcoholic beverages in a four-hour period during an office party at Keegan's Grill and Taproom. Young, along with her parents (collectively "Young"), sued Keegan's through its corporate owner, DFW Corporation (hereafter "Keegan's"), alleging that the negligence of Keegan's in serving alcohol to Jacobi while she was intoxicated was a proximate cause of the accident. Young appeals from a defense verdict, challenging the constitutionality of A.R.S. § 4-312(B). Young claims that the statute violates article 18, section 6 of the Arizona Constitution because it abrogates the general negligence cause of action enunciated by our supreme court in Ontiveros v. Borak, 136 Ariz. 500, 667 P.2d 200 (1983). We agree that section 4-312(B) is unconstitutional and reverse.