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Conflict of Laws Keyed to Twerski
Bernhard v. Harrah’s Club
Citation:
546 P.2d 719 (1976)Facts
Plaintiff Richard Bernhard, a California resident, was seriously injured in a head-on collision on a California highway with a car driven by Fern and Philip Myers, who were intoxicated at the time of the accident. Before the collision, the Myers had been served alcoholic beverages at Harrah’s Club, a Nevada establishment located near the California-Nevada border. Harrah’s Club advertised extensively in California to attract California patrons. Under California law, civil liability could be imposed on tavern keepers who serve obviously intoxicated persons who subsequently cause injuries to third parties, while Nevada law (at the time) provided tavern keepers with immunity from such liability. Bernhard filed suit in California against Harrah’s Club, seeking to hold the Nevada establishment liable under California law for his injuries.
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