 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Pollard v. Powers11/22/2000
Bristol.
September 13, 2000.
Alcoholic Liquors, Liability of host. Negligence, Social host, Serving alcoholic liquors to guest, Foreseeability of harm.
Civil action commenced in the Superior Court Department on December 19, 1994.
The case was heard by Richard J. Chin, J., on a motion for summary judgment.
This is an appeal by the plaintiff from summary judgment granted in favor of the defendant. The plaintiff seeks damages for his injuries arising out of an assault at a party for which the defendant, Laura Powers, was the host. The plaintiff asserts that the defendant's liability should be determined by a jury. We agree.
On March 20, 1992, the defendant gave a birthday party for a friend at the house where she and her mother resided. At the time, the defendant was eighteen years of age. On the evening of the party, the defendant's mother was out of town, visiting relatives in Maine. Prior to her mother's departure, the defendant asked her for permission to invite "a few" guests over for the celebration. The defendant admitted that she intended that her mother assume the number to be four or five, and her mother did so assume.
The defendant in fact invited fifteen people. By word of mouth, the party grew to somewhere between twenty to fifty persons. Most of the attendees were the defendant's friends and acquaintances from high school, who were eighteen or nineteen years of age. The twenty-six year old plaintiff, John Pollard, was invited by Amy, the defendant's twenty-one year old sister.
There were two kegs of beer outside on the patio in back of the house, available to all of the guests; the beer was consumed by many of them, even though most were underage. The kegs had been purchased at the defendant's request. Her deposition indicates that she paid for them and was reimbursed by some of the guests.
During the evening, four uninvited men walked into the house. The defendant did not know three of the men; she recognized the fourth, William Pires, from high school. She did not know Pires personally, but knew him to have a poor reputation in school, notably for being a class clown. When the four arrived they were visibly very intoxicated and appeared to be "high" on drugs. They had "glassy" eyes, deficient motor skills, and were generally loud and obnoxious. In her deposition the defendant stated that she asked the honoree, "Who are these people?" He replied, "They're guys from Fall River. Don't worry about it."
At some point, the plaintiff and another of the defendant's older friends, a former boyfriend, were about to leave the party when the defendant requested that they stay because she was apprehensive about the four intoxicated men being in her house. Both men did stay.
Sometime later, Amy asked Pires to keep the rear door closed, to which he responded by calling her a "fucking c---." Neither the defendant nor the plaintiff was present at the time. Amy then went upstairs and told the plaintiff what had transpired, at which time he went downstairs to speak to Pires. The plaintiff told Pires that "this is her house[;] you're the guest," and that he should either respect Amy or leave the premises. He also insisted on an apology. At that time, Pires's three companions surrounded the plaintiff and told him not to get "in [Pires's] face." Because of the physical presence of the four men, the plaintiff backed off and returned upstairs.
The defendant learned of the incident between Amy and Pires, but she declined to call the police at that time because she knew that the party was illegal. She was not told of the verbal exchange between the plaintiff and
Page 1 2 3 Massachusetts DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|