§60.3 Effect of Voluntary Intoxication

The Case : Kirksey v. Overton Pub, Inc., 739 S.W.2d 230 (Tenn. Ct. App. 1987).

The Basic Facts: Plaintiffs' decedent died of alcohol overdose and his parents sued the bar where the consumption occurred.

Note: the incident occurred before the Legislature passed T.C.A. Sec. 57-10-101 et seq.

The Bottom Line:

• "Voluntary intoxication does not relieve one of his own negligence. Highland Dodge, Inc. v. Trent, [445 S.W.2d 903 (Tenn. 1969)], Schwartz v. Johnson, [ 280 S.W. 32 (Tenn. 1925)]." 739 S.W.2d at 235.

Other Sources of Note: Morgan v. State , No. M2002-02496-COA-R3-CV, 2004 WL 170352 at *8 (Tenn. App. Jan. 27, 2004) (an intoxicated person's conduct "must be measured against the conduct of an ordinary, reasonable person rather than an ordinary and reasonable intoxicated person). Although voluntary intoxication will frequently give rise to a finding of comparative fault if there is a causal relation between the intoxication and the injury, there are several cases which have held that the amount of fault that should be assessed is a question of fact for the jury. See, e.g., LaRue v. 1817 Lake Inc., 966 S.W.2d 423 (Tenn. Ct. App. 1997).

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