Gariup Construction Company v. andrew W‪.‬

Following a jury trial, plaintiff-appellee Andrew W. Foster (Foster) was granted a judgment of $150,000.00 against the defendant-appellant Gariup Construction Company, Inc. (Gariup). The case arose out of a Christmas party on December 17, 1982, a traditional event hosted by Gariup for employees and others on company premises. Gariup furnished food and refreshments, including alcoholic beverages. The Gariup office manager, Paul Orner, an employee for over fifteen months, attended the party and drank three or four beers between approximately 4:30 and 10:00 p.m. During the next 30-40 minutes, Orner consumed between six and eight shots of 80-proof whiskey while participating in a game of "Quarters" in which players would attempt to bounce a quarter off the table into a cup and, if successful, would designate another player to drink a shot of whiskey. He left the party at approximately 11:00 p.m. or later, intending to drive to pick up his wife from work approximately four miles away. The Orner residence was over ten miles from the Gariup premises. At about 11:40 p.m., Orner was observed driving eastbound on a 6-lane interstate highway, weaving through the eastbound lanes and median strip. He drove across the median into the oncoming lanes, continued driving eastbound in the westbound lanes, and struck Fosters vehicle head-on, resulting in serious spinal injury to Foster. During the state police officers accident investigation, Orner fell asleep in the state police car. He subsequently entered a plea of guilty to operating a vehicle while intoxicated. Fosters original action named Orner and Gariup as defendants. The claim against Orner was thereafter dismissed after Foster received Orners $25,000.00 liability insurance policy limit and executed a covenant-not-to-sue Orner.