Frank Smith v. Randy Sewell, Respondent

Summary

The Texas Supreme Court held that a provider of alcoholic beverages may be sued by an intoxicated patron for the patron's own injuries under Chapter 2 of the Alcoholic Beverage Code, and that the Comparative Responsibility Act applies to such claims; the court affirmed the Court of Appeals' judgment. Justice Gonzalez dissented, arguing that the statute does not create a first‑party cause of action.