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Biscan v. Brown12/15/2003
In this appeal, the defendants appeal a judgment entered after a jury verdict awarding damages to Jennifer Biscan and her father, Robert Biscan, for serious brain injuries Jennifer incurred in an automobile accident, which injuries left her permanently impaired. Jennifer, 16 at the time, was riding as a passenger in the car driven by Hughes Brown, then 17, who was intoxicated. The accident occurred after Jennifer and Hughes left a party at the home of Paul Worley, where some guests had consumed beer. It is uncontested that Hughes Brown's negligent operation of the car while intoxicated was the cause of the accident.
After a jury trial, damages of $3,954,810 were awarded to Jennifer and Mr. Biscan. The jury found Hughes Brown, Jennifer Biscan, and Mr. Worley to be negligent and also found that their negligence was the legal cause of the accident and resulting injuries. The jury assessed fault 70% to Hughes Brown, 15% to Mr. Worley, and 15% to Jennifer Biscan. Both Mr. Brown and Mr. Worley appealed.
The appellants do not directly raise a question of whether the jury's verdict is supported by material evidence. Instead, they have identified a total of fifteen issues on appeal that primarily involve (1) legal questions regarding proper parties as plaintiff, defendant, and for purposes of allocating fault, (2) evidentiary rulings, and (3) jury instructions.
As general background, on October 18, 1997, Paul Worley hosted a party for his daughter Ashley's eighteenth birthday at his home. A majority of the children who attended the party were students at Ashley Worley's school, where she was a senior. People were invited to the party by word of mouth, some being personally invited by Ashley Worley. Others only heard about the party.
The Worleys did not serve alcohol or make it available at the party. Although many attendees did not drink, a number brought alcohol, primarily beer, to the party and drank it there. Mr. Worley fully expected that the minor guests would both bring and consume beer on his property. He intended that a rule he had implemented in previous parties given by his son would apply: that is, that any guest who chose to drink alcohol would be required to turn over car keys and spend the night rather than drive home.
Sometime after 11:00 p.m., Jennifer Biscan decided she wanted to leave the party. She ran into her longtime friend Hughes Brown, who had been drinking, and asked him for a ride. The two left the Worley residence together in Hughes Brown's car, and approximately one mile away, at the intersection of Sawyer Brown and Sneed Road, Hughes Brown ran into a guardrail. Mr. Brown was not seriously injured in the wreck; Jennifer, on the other hand, was severely injured. Tests taken shortly after the accident revealed Hughes Brown's blood alcohol level to be .17%.
I. Recovery Of Medical Expenses - Amendment To Add Father
The original complaint herein was filed on October 2, 1998, naming as the plaintiff Jennifer Biscan, by her next friend and natural guardian, Robert S. Biscan, and seeking damages for Jennifer's injuries. It is undisputed that Mr. Biscan did not originally sue in his individual capacity for damages he sustained as Jennifer's parent.
Twenty-two months after the complaint was filed, Mr. Worley moved for partial summary judgment as to any claim for medical expenses. He also asked the court to preclude proof of medical expenses unless Jennifer Biscan could prove she personally paid the expenses or was legally obligated to pay them. In the memorandum in support of this motion, Mr. Worley also argued that Jennifer's parents were barred from bringing a cause of action for Jennifer
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