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Unformatted text preview: Lumpkin, et al. v. Mellow Mushroom, et. al 1 256 Ga. App. 83, 567 S.E.2d 728 Court of Appeals of Georgia No. A02A0359 Decided June 24, 2002 RUFFIN, Judge. Eighteen-year old Christian Lumpkin died from injuries he sustained when he fell out of a Jeep driven by his friend, Seth Calloway. Lumpkins parents sued Mellow Mushroom, alleging that the defendant caused their sons death by negligently serving him alcohol. The trial court granted Mellow Mushrooms motion for summary judgment, 2 and the Lumpkins appealed. For reasons that follow, we affirm. The evidence shows that Mellow Mushroom was known among Christians peers as an establishment that served beer to underage patrons. On the evening of June 7, 2000, Christian sat at Mellow Mushrooms bar and drank beer. It is unclear how much beer Christian consumed, but several witnesses who had seen him that night reported that he did not appear to be drunk, while another stated that he may have been mildly intoxicated. Christian left Mellow Mushroom at approximately 12:30 AM and drove to Callaways house. Once there, he and Calloway decided to buy some beer and visit a friend. They went to the store in Callaways Jeep, which did not have a passenger side door. Callaway drove, and Christian sat in the passenger seat. During the drive to the friends house, Christian unbuckled his seat belt, and began hanging out of the Jeep. At some point, Christian apparently lost his grip and fell out of the Jeep. He was taken to the hospital, where he later died from his injuries. The Lumpkins sued Mellow Mushroom, alleging that the defendant was negligent in serving beer to Christian because he was under the legal drinking age. Mellow Mushroom moved for summary judgment arguing that it was not the proximate cause of Christians death as a matter of law. Although we are troubled by Mellow Mushrooms alleged practice of selling beer to minors, we agree with the trial court that the defendant was entitled to summary judgment....
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