specially concurring.
The historical direction of the Court in dram shop or alcohol disbursement liability cases has been to expand the duty and responsibility for a commercial or liquor-by-the-drink vendor of alcoholic beverages. Fischer v. Cooper, 116 Idaho 374, 775 P.2d 1216 (1989); Bergman v. Henry, 115 Idaho 259, 766 P.2d 729 (1988); Alegria v. Payonk, 101 Idaho 617, 619 P.2d 135 (1980).
Were the circumstances presented here truly a social-host situation, Idaho case law is clear and I would have no difficulty concluding there was no liability, and would affirm the granting of summary judgment. However, although this action does not involve a tavern or traditional vendor of liquor-by-the-drink, the facts arguably demonstrate that a distributor, an employee’s association, and a retail grocery store with a wine and beer license, all participated in obtaining the alcoholic beverages which were distributed in an unsupervised and indiscriminate manner to all present at the employee’s party. Under these circumstances there exists a duty of reasonable care provided negligence can be proven at trial.
As a result of enactment of I.C. § 23-808, cases occurring subsequent to the effective date of the legislation will be governed and controlled by the statute. However, under the facts of the instant case a common law duty exists during the period of time in which this action accrued.
BAKES, C.J. and McDEVITT, J. concur.