John Benbow v. L&S Family Entertainment, LLC

Syllabus

This case concerns claims of negligence against several people and entities for allegedly serving alcohol to and/or failing to protect a 20-year-old man who died in a car accident while intoxicated. John D. Benbow (\Plaintiff\), individually and as next of kin to his son, Jacob N. Benbow, deceased, filed a wrongful death action in the Sumner County Circuit Court (\the Trial Court\) against the defendants, L&S Family Entertainment, LLC d/b/a Strike & Spare (\L&S\); JPZ, LLC d/b/a Silverado Rivergate Sports Bar & Grill (\Silverado's\); 1 Rancho Cantina, LLC (\Rancho Cantina\); Jody D. McCutchen; Brandi McCutchen; and Brenon D. McCutchen (\the McCutchens\). Certain of the defendants filed motions for summary judgment. The Trial Court granted summary judgment for Rancho Cantina, L&S, Brandi, and Jody. 2 However, the Trial Court denied summary judgment for Brenon.3 Plaintiff appeals. We affirm the Trial Court's grant of summary judgment to Jody because Plaintiff failed to create any genuine issue of material fact that Jody took charge of Jacob. However, we reverse the Trial Court's grants of summary judgment to Rancho Cantina, L&S, and Brandi, as genuine issues of material fact exist with respect to Plaintiff's claims against those parties. We observe that the standard is comparative fault, not contributory negligence. Whether Jacob was at least 50% at fault for comparative fault purposes is a question not properly resolvable at this summary judgment stage under the facts of this case. We thus affirm, in part, and reverse, in part. We remand to the Trial Court for further proceedings consistent with this Opinion.