Ruffin, Judge.
Sonya Tootle sued the Kappa Sigma International Fraternity and its local chapter (collectively “the Fraternity”) for the alleged wrongful death of Ernest Tootle, who was killed in an automobile accident with Clinton Fair. Fair was intoxicated at the time of the accident, and Tootle alleged that under OCGA § 51-1-40 (b) the Fraternity proximately caused the accident because it furnished Fair with alcoholic beverages. The Fraternity appeals from the trial court’s denial of its motion for summary judgment. We reverse.
[891]*891“[A]t summary judgment a party who will not bear the burden of proof at trial need not conclusively prove the opposite of each element of the non-moving party’s case. Rather, that party must demonstrate by reference to evidence in the record that there is an absence of evidence to support at least one essential element of the non-moving party’s case. In other words, summary judgment is appropriate when the court, viewing all the facts and reasonable inferences from those facts in a light most favorable to the non-moving party, concludes that the evidence does not create a triable issue as to each essential element of the case.” Lau’s Corp. v. Haskins, 261 Ga. 491, 495 (4) (405 SE2d 474) (1991).
1. The Fraternity asserts the trial court erred in denying its motion for summary judgment on Tootle’s claim under OCGA § 51-1-40 because the undisputed evidence shows that it did not knowingly sell, furnish, or serve alcoholic beverages to Fair.
OCGA § 51-1-40 (b) provides that a person “who knowingly sells, furnishes, or serves alcoholic beverages to a person who is in a state of noticeable intoxication, knowing that such person will soon be driving a motor vehicle, may become liable for injury or damage caused by or resulting from the intoxication of such . . . person when the sale, furnishing, or serving is the proximate cause of such injury or damage.”
In this case, the Fraternity presented undisputed evidence showing it did not sell, furnish, or serve alcohol to Fair. The evidence showed that on the day of the accident, Fair, who was 21 years old and not a Fraternity member, attended a party sponsored by the Fraternity. Before the party, Fair and two friends went to a store where they purchased a cooler and three twelve-packs of beer. After purchasing the beer, they went to an apartment and met with several other people who were attending the party. Fair drank two or three of the beers while at the apartment and took the remaining beers with him to the party.
Approximately 150 to 200 people attended the party which was held at a farm. The Fraternity hired a band and served hamburgers and hot dogs to members and guests in attendance. There were several coolers containing beer and other alcohol “just sitting [sic] around on the sand” and a keg on the back of a truck. However, Fair testified in his deposition that he only drank beer from his cooler and did not drink any other alcohol. Similarly, Fair stated in an affidavit that the Fraternity did not sell, serve, or furnish him with any alcoholic beverages at the party. The Fraternity president and several of its members stated in affidavits that the Fraternity “did not sell, furnish or serve any alcoholic beverages at the luau party” and that “[a]ll the alcohol present at the party was brought by the individual members or guests who wanted to consume alcohol.” In addition, [892]*892other individuals who attended the party with Fair stated that they saw him drinking only the beer he purchased earlier that day. Fair’s girl friend drove him home from the party, and the fatal accident occurred later that day while Fair was driving around town looking for friends.
In response to this evidence, Tootle points to what she contends is circumstantial evidence that Fair consumed alcohol provided by the Fraternity. This evidence showed that one Fraternity member brought a cooler of alcoholic punch to the party and that at least one non-member drank some of the punch. Tootle also points to evidence showing that a Fraternity member was operating the beer keg and that anybody could get beer from the keg. Tootle argues that a jury could reasonably infer from this evidence that the Fraternity served alcohol to Fair. We disagree.
“Where direct and positive testimony is presented on an issue, the opposing party must show some other fact which contradicts the testimony. If this other fact is direct evidence, that is sufficient to allow the case to go to the jury; if the other fact is circumstantial evidence, it must be inconsistent with the defendant’s evidence, or if consistent, it must demand a finding of fact on the issue in favor of the plaintiff.” (Citations and punctuation omitted.) McElroy v. Cody, 210 Ga. App. 201, 202 (435 SE2d 618) (1993).
In this case, the only evidence Tootle relies on is circumstantial evidence that is consistent with the Fraternity’s direct evidence that it did not provide Fair with any alcoholic beverages. The evidence that some Fraternity members had alcoholic beverages at the party and served them to non-members is not inconsistent with the evidence that the Fraternity organization did not provide any alcohol to Fair and that Fair did not consume any alcohol provided by the Fraternity. Furthermore, Tootle’s circumstantial evidence does not demand a finding of fact in her favor. Even if Fair did consume alcohol other than the beer he brought to the party, the evidence shows that it could have been provided by any number of guests who brought their own alcohol to the party. There is simply no evidence disputing Fair’s own testimony that he did not consume any alcohol provided by the Fraternity.
We also disagree with the dissent’s view that the Fraternity can be held liable simply because Fair became intoxicated while attending a Kappa Sigma party. If the General Assembly intended to impose liability under such circumstances, it could have simply stated so. See OCGA § 1-3-1 (a). Rather, what is at issue here is whether the Fraternity knowingly sold, furnished, or served alcoholic beverages to Fair. The undisputed evidence showed that it did not.
Although it is undisputed that the Fraternity sponsored the party at which Fair consumed alcohol, that is insufficient to impose [893]*893liability upon the Fraternity. “OCGA § 51-1-40 (b) does not impose liability upon one who merely furnishes the premises upon which alcohol is consumed. It imposes liability only upon one who furnishes the alcohol itself. Furnish is to provide for use; to supply. A furnisher is one who furnishes or provides supplies of any kind. A furnisher is one who supplies or fits out. To furnish or supply necessarily carries with it the idea of ownership, property in, or dominion over the thing furnished by the one who furnishes. The uncontroverted evidence of record demonstrates that [the Fraternity] did not furnish any alcohol to [Fair].” (Citations and punctuation omitted; emphasis supplied.) Viau v. Fred Dean, Inc., 203 Ga. App. 801, 802 (1) (418 SE2d 604) (1992).
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Ruffin, Judge.
Sonya Tootle sued the Kappa Sigma International Fraternity and its local chapter (collectively “the Fraternity”) for the alleged wrongful death of Ernest Tootle, who was killed in an automobile accident with Clinton Fair. Fair was intoxicated at the time of the accident, and Tootle alleged that under OCGA § 51-1-40 (b) the Fraternity proximately caused the accident because it furnished Fair with alcoholic beverages. The Fraternity appeals from the trial court’s denial of its motion for summary judgment. We reverse.
[891]*891“[A]t summary judgment a party who will not bear the burden of proof at trial need not conclusively prove the opposite of each element of the non-moving party’s case. Rather, that party must demonstrate by reference to evidence in the record that there is an absence of evidence to support at least one essential element of the non-moving party’s case. In other words, summary judgment is appropriate when the court, viewing all the facts and reasonable inferences from those facts in a light most favorable to the non-moving party, concludes that the evidence does not create a triable issue as to each essential element of the case.” Lau’s Corp. v. Haskins, 261 Ga. 491, 495 (4) (405 SE2d 474) (1991).
1. The Fraternity asserts the trial court erred in denying its motion for summary judgment on Tootle’s claim under OCGA § 51-1-40 because the undisputed evidence shows that it did not knowingly sell, furnish, or serve alcoholic beverages to Fair.
OCGA § 51-1-40 (b) provides that a person “who knowingly sells, furnishes, or serves alcoholic beverages to a person who is in a state of noticeable intoxication, knowing that such person will soon be driving a motor vehicle, may become liable for injury or damage caused by or resulting from the intoxication of such . . . person when the sale, furnishing, or serving is the proximate cause of such injury or damage.”
In this case, the Fraternity presented undisputed evidence showing it did not sell, furnish, or serve alcohol to Fair. The evidence showed that on the day of the accident, Fair, who was 21 years old and not a Fraternity member, attended a party sponsored by the Fraternity. Before the party, Fair and two friends went to a store where they purchased a cooler and three twelve-packs of beer. After purchasing the beer, they went to an apartment and met with several other people who were attending the party. Fair drank two or three of the beers while at the apartment and took the remaining beers with him to the party.
Approximately 150 to 200 people attended the party which was held at a farm. The Fraternity hired a band and served hamburgers and hot dogs to members and guests in attendance. There were several coolers containing beer and other alcohol “just sitting [sic] around on the sand” and a keg on the back of a truck. However, Fair testified in his deposition that he only drank beer from his cooler and did not drink any other alcohol. Similarly, Fair stated in an affidavit that the Fraternity did not sell, serve, or furnish him with any alcoholic beverages at the party. The Fraternity president and several of its members stated in affidavits that the Fraternity “did not sell, furnish or serve any alcoholic beverages at the luau party” and that “[a]ll the alcohol present at the party was brought by the individual members or guests who wanted to consume alcohol.” In addition, [892]*892other individuals who attended the party with Fair stated that they saw him drinking only the beer he purchased earlier that day. Fair’s girl friend drove him home from the party, and the fatal accident occurred later that day while Fair was driving around town looking for friends.
In response to this evidence, Tootle points to what she contends is circumstantial evidence that Fair consumed alcohol provided by the Fraternity. This evidence showed that one Fraternity member brought a cooler of alcoholic punch to the party and that at least one non-member drank some of the punch. Tootle also points to evidence showing that a Fraternity member was operating the beer keg and that anybody could get beer from the keg. Tootle argues that a jury could reasonably infer from this evidence that the Fraternity served alcohol to Fair. We disagree.
“Where direct and positive testimony is presented on an issue, the opposing party must show some other fact which contradicts the testimony. If this other fact is direct evidence, that is sufficient to allow the case to go to the jury; if the other fact is circumstantial evidence, it must be inconsistent with the defendant’s evidence, or if consistent, it must demand a finding of fact on the issue in favor of the plaintiff.” (Citations and punctuation omitted.) McElroy v. Cody, 210 Ga. App. 201, 202 (435 SE2d 618) (1993).
In this case, the only evidence Tootle relies on is circumstantial evidence that is consistent with the Fraternity’s direct evidence that it did not provide Fair with any alcoholic beverages. The evidence that some Fraternity members had alcoholic beverages at the party and served them to non-members is not inconsistent with the evidence that the Fraternity organization did not provide any alcohol to Fair and that Fair did not consume any alcohol provided by the Fraternity. Furthermore, Tootle’s circumstantial evidence does not demand a finding of fact in her favor. Even if Fair did consume alcohol other than the beer he brought to the party, the evidence shows that it could have been provided by any number of guests who brought their own alcohol to the party. There is simply no evidence disputing Fair’s own testimony that he did not consume any alcohol provided by the Fraternity.
We also disagree with the dissent’s view that the Fraternity can be held liable simply because Fair became intoxicated while attending a Kappa Sigma party. If the General Assembly intended to impose liability under such circumstances, it could have simply stated so. See OCGA § 1-3-1 (a). Rather, what is at issue here is whether the Fraternity knowingly sold, furnished, or served alcoholic beverages to Fair. The undisputed evidence showed that it did not.
Although it is undisputed that the Fraternity sponsored the party at which Fair consumed alcohol, that is insufficient to impose [893]*893liability upon the Fraternity. “OCGA § 51-1-40 (b) does not impose liability upon one who merely furnishes the premises upon which alcohol is consumed. It imposes liability only upon one who furnishes the alcohol itself. Furnish is to provide for use; to supply. A furnisher is one who furnishes or provides supplies of any kind. A furnisher is one who supplies or fits out. To furnish or supply necessarily carries with it the idea of ownership, property in, or dominion over the thing furnished by the one who furnishes. The uncontroverted evidence of record demonstrates that [the Fraternity] did not furnish any alcohol to [Fair].” (Citations and punctuation omitted; emphasis supplied.) Viau v. Fred Dean, Inc., 203 Ga. App. 801, 802 (1) (418 SE2d 604) (1992).
Accordingly, because the Fraternity demonstrated that it did not sell, furnish, or serve any alcohol to Fair, and Tootle has not pointed to any evidence disputing this essential fact, no triable issue exists as to whether the Fraternity is liable to Tootle under OCGA § 51-1-40 (b). See id.; Lau’s Corp., supra. It is therefore unnecessary to determine whether the Fraternity knew Fair was intoxicated or that he would be driving, and the trial court erred in denying the Fraternity’s motion for summary judgment on this claim. See Viau, supra; McElroy, supra.
2. The Fraternity asserts that the trial court erred in denying its motion for summary judgment on Tootle’s claims based on general negligence principles because under the facts presented OCGA § 51-1-40 (b) is her exclusive remedy. We agree.
OCGA § 51-1-40 (a) provides that “[t]he General Assembly finds and declares that the consumption of alcoholic beverages, rather than the sale or furnishing or serving of such beverages, is the proximate cause of any injury, including death and property damage, inflicted by an intoxicated person upon himself or upon another person, except as otherwise provided in subsection (b) of this Code section.” (Emphasis supplied.)
In this case, to the extent that Tootle’s complaint states claims for the Fraternity’s general negligence, such claims are based on the Fraternity allegedly providing alcohol to Fair or allowing Fair to drive under the influence of alcohol. Thus, such claims are governed by OCGA § 51-1-40 (b). Tootle’s contentions that these claims are supported by a non-statutory duty on the part of the Fraternity to operate the party in a non-negligent manner are without merit. A provider of alcoholic beverages is insulated from liability to third parties except as provided in subsection (b). See Riley v. H & H Operations, 263 Ga. 652 (1) (436 SE2d 659) (1993). Accordingly, the trial court erred in denying the Fraternity’s motion for summary judgment on Tootle’s general negligence claims.
Judgment reversed.
Beasley, C. J., Birdsong, R J., Pope, P. J.,
[894]*894
Andrews, Blackburn and Smith, JJ, concur. McMurray, P. J., dissents. Johnson, J, disqualified.