Eldridge v

Aronson, 221 Ga. App. 662, 472 S.E.2d 497 (1996). ‘‘Custodial parent’’ construed. — Parent with custody of a minor pursuant to a court order is the ‘‘custodial parent.’’ Leach v. Braswell, 804 F. Supp. 1551 (S.D. Ga. 1992), aff ’d, 8 F.3d 37 (11th Cir. 1993). Summary judgment for lessor of store which sold beer to minor. — Defendant oil company was entitled to summary judgment, since, although beer was sold to the plaintiff ’s minor son at a filling station/convenience store leased by the defendant, defendant had no control over the time, manner, and method of operating the store. Leach v. Brilad Oil Co., 753 F. Supp. 366 (S.D. Ga. 1991). Summary judgment improperly granted to property owner and party guests. — Trial court erred in granting summary judgment to a property owner and the party guests, as to a mother’s claims that they provided alcohol to a minor, who later was killed in an auto 136 accident, in violation of O.C.G.A. § 51-1-18(a), as there was a triable issue of fact where the evidence indicated that the owner allowed the guests to bring kegs of beer to the party, at which most of the other guests were minors, and that the guests knowingly allowed the deceased minor to drink beer from the kegs; the mother was not precluded from recovering damages under O.C.G.A. § 51-12-6, as there was a triable issue of fact as to whether these acts were intentional. Mowell v. Marks, 277 Ga. App. 524, 627 S.E.2d 141 (2006). Fact that the defendant did not personally attend the party at which alcoholic beverages were provided to the plaintiffs’ underage son did not settle the question of whether the defendant ‘‘furnished’’ beverages within the meaning of O.C.G.A. § 51-1-18. Eldridge v. Aronson, 221 Ga. App. 662, 472 S.E.2d 497 (1996). Damages recoverable. — In a suit brought upon a right of action under this section, the plaintiff may recover both general and special damages. Wright v. Smith, 128 Ga. 432, 57 S.E. 684 (1907). Damages recoverable under O.C.G.A. § 51-1-18 by a parent may be limited to general and special damages suffered directly by the parent, as opposed to damages the parent may have to pay to a third person. Sutter v. Hutchings, 254 Ga. 194, 327 S.E.2d 716 (1985). Damages under subsection (a) of O.C.G.A. § 51-1-18 are limited to vindictive damages authorized by O.C.G.A. § 51-12-6 because the legislature has declared, in O.C.G.A. § 51-1-40 (a), that the consumption of alcohol, rather than the furnishing of alcohol, is the proximate cause of any self-inflicted injury to an intoxicated minor. Leach v. Braswell, 804 F. Supp. 1551 (S.D. Ga. 1992), aff ’d, 8 F.3d 37 (11th Cir. 1993). 51-1-18 Liability for injuries to consumer of alcohol. — Provider of alcohol cannot be held liable to a consumer of alcohol for injuries sustained as a result of such consumption. Steedley v. Huntley’s Jiffy Stores, Inc., 209 Ga. App. 23, 432 S.E.2d 625 (1993). Legal and medical expenses. — Parent of 19 year old son who lived with the parent had no right of action under subsection (a) of O.C.G.A. § 51-1-18 to recover the legal, medical, and other expenses which the parent incurred on the son’s behalf. Burch v. Uokuni Int’l, Inc., 192 Ga. App. 861, 386 S.E.2d 889 (1989). Discovery of defendant’s worldly circumstances. — In an action under subsection (a) O.C.G.A. § 51-1-18 by a parent for furnishing alcoholic beverages to the parent’s underage child without the parent’s consent, when the parent has prayed for general, special, O.C.G.A. § 51-12-5, and O.C.G.A. § 51-12-6 damages, and the parent has not yet made an election to forego all other damages in favor of § 51-12-6 damages, the trial court is correct in denying the parent’s motion to compel discovery of defendant’s worldly circumstances. If, however, the parent timely amends the parent’s complaint to abandon all claims except one for § 51-12-6 damages, the parent will be entitled to discover the defendant’s worldly circumstances. Stepperson, Inc. v. Long, 256 Ga. 838, 353 S.E.2d 461 (1987). Cited in Edwards v. Monroe, 54 Ga. App. 791, 189 S.E. 419 (1936); Hosford v. Hosford, 58 Ga. App. 188, 198 S.E. 289 (1938); Dodd v. Slater, 101 Ga. App. 358, 114 S.E.2d 167 (1960); Keaton v. Kroger Co., 143 Ga. App. 23, 237 S.E.2d 443 (1977); Riverside Enters., Inc. v. Rahn, 171 Ga. App. 674, 320 S.E.2d 595 (1984); Spivey v. Sellers, 185 Ga. App. 241, 363 S.E.2d 856 (1987); Hansen v. Etheridge, 232 Ga. App. 408, 501 S.E.2d 517 (1998).