Appeal Court Rules Gas Stations Can Be Liable for Selling Fuel to Drunk Drivers

There is no question that Christine Eigsti was intoxicated early on July 24, 1983. Concerned about her condition, court papers show, employees of the Carlsbad Shell Service Station encouraged her not to drive, requiring her to drink at least four cups of coffee, providing her with money to call her mother and ask for a ride home, and talking with her for 90 minutes.

But they also sold her gasoline for her vehicle--despite Shell company policy forbidding such sales to intoxicated motorists.

Eigsti, who was 19 at the time, drove her vehicle onto Interstate 5 south, en route home, when she struck a motorcycle from behind. Both the motorcycle’s driver and passenger were killed.

This week, the state Court of Appeal in San Diego, hearing a civil case arising from the incident, issued a ruling that, according to plaintiffs’ attorney, could have broad ramifications in such cases.

Judge Robert Staniforth ruled Monday that service stations that sell gasoline to motorists who are clearly inebriated could be held liable if accidents result and other people are injured. “Gasoline may be the factual equivalent of the key to the car,” Staniforth wrote in his 20-page opinion.

Despite its strong language, the ruling’s impact was unclear in view of a possible appeal and the fact that it clashes with a 1967 Court of Appeal finding in a similar case.

The ruling was limited to matters of law and didn’t find fault with the defendants--the service station and Shell Oil Co., both of which have denied any liability. But the judge did order the case returned to Superior Court, reversing an earlier decision. The matter, dating from a 1984 lawsuit, may now be heard before a jury.

“This says that service stations have to be more careful in allowing drunk drivers to drive,” said Daral Mazzarella, attorney for the plaintiff, Bridgit Marie O’Toole, daughter of the passenger in the ill-fated motorcycle. She and another daughter, Tiffany DeBolt, are seeking unspecified damages.

However, Mazzarella noted that the ruling applies only in cases in which motorists are “obviously” intoxicated and imposes no requirement that service station attendants closely check the sobriety of clients. Under California law, operators of taverns, liquor stores and private hosts are largely immune from liability if a client or guest drives away drunk and an accident results.

Ronald B. Tollefson, attorney for the defendants, could not be reached for comment Friday.