Logourl black
From our private database of 14,100+ case briefs...

Bernhard v. Harrah’s Club

Supreme Court of California
546 P.2d 719 (1976)


Facts

Harrah’s Club (Harrah’s) (defendant), a Nevada gambling and drinking establishment, regularly advertised to and solicited California residents. Two such residents, Fern and Philip Myers, drove to Harrah’s on July 24, 1971. The Myers were given numerous alcoholic beverages by employees of Harrah’s, even after it was clear that they were too inebriated to drive. The Myers left Harrah’s in the early morning hours of July 25, 1971. While driving near Nevada City, California, Fern collided with a motorcyclist, Richard Bernhard (plaintiff), who was severely injured. He sued Harrah’s in a California state court on the grounds that its negligence in continuing to serve the Myers alcohol was the proximate cause of Bernhard’s injuries. Harrah’s filed a demurrer on the grounds that Nevada law applied and that under Nevada law, tavern owners did not bear civil liability for injuries caused by their intoxicated patrons. The trial court agreed with Harrah’s and dismissed the case. Bernhard appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Sullivan, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 221,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.