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Daniels v. Carpenter1/28/2003
tort. In truth, the answer lies in a principle to which we have turned in the past in determining the existence of a duty in a negligence case--duty exists where society says it ought to exist.
"Essential to any negligence cause of action is proof of facts which impose a duty upon defendant. See, ABC Builders, Inc. v. Phillips, 632 P.2d 925, 931 (Wyo.1981). The question of the existence of a duty is a matter of law for the court to decide. Id., at 932. A duty exists where, 'upon the facts in evidence, such a relation exists between the parties that the community will impose a legal obligation upon one for the benefit of the other--or, more simply, whether the interest of the plaintiff which has suffered invasion was entitled to legal protection at the hands of the defendant.' Prosser and Keeton on Torts § 37 at 236 (5 th ed.1984)." Duncan, 991 P.2d at 742 (quoting Goodrich v. Seamands, 870 P.2d 1061, 1064 (Wyo. 1994)).
Deciding whether a legal obligation should be imposed involves a balancing of certain identified factors:
When this Court has considered whether a duty should be imposed based on a particular relationship, we have balanced numerous factors to aid in that determination:
"(1) the foreseeability of harm to the plaintiff, (2) the closeness of the connection between the defendant's conduct and the injury suffered, (3) the degree of certainty that the plaintiff suffered injury, (4) the moral blame attached to the defendant's conduct, (5) the policy of preventing future harm, (6) the extent of the burden upon the defendant, (7) the consequences to the community and the court system, and (8) the availability, cost and prevalence of insurance for the risk involved." Duncan, 991 P.2d at 744 (quoting Ortega v. Flaim, 902 P.2d 199, 203, 206 (Wyo. 1995)) (footnote omitted).
This is a test for the imposition of a duty under the general theory of common law negligence and it does not require the existence of a relationship recognized under some specialized theory such as premises liability or agency. Instead, it is the same theory set forth in McClellan, 666 P.2d at 412 (quoting Alegria, 619 P.2d at 137), whereby a duty of reasonable care exists to avoid injury to another person where it "'could be reasonably anticipated or foreseen that a failure to use such care might result in such injury.'"
[ ] People who legally provide alcoholic liquor or malt beverages to another person are immunized under Wyo. Stat. Ann. § 12-8-301(a) against liability for damages that may be caused by the intoxication of that other person. Under Wyo. Stat. Ann. § 12-6-101(a), it is illegal to provide alcoholic liquor or malt beverages to minors, except in certain limited circumstances not pertinent here. Wyo. Stat. Ann. § 12-8-301(c) makes it clear that the immunity provision does not affect liability where the alcoholic liquor or malt beverage is provided in violation of Title 12. Taken together, these statutory sections reflect the legislature's recognition that, where alcohol is illegally provided to a minor, the person providing the alcohol may become liable for injuries resulting from that minor's resulting intoxication. Consequently, there is no statutory deterrent to a finding by this Court that a common law cause of action for social host liability exists under the appropriate circumstances.
[ ] This is not the case in which to make that determination. Neither party applied the Duncan factors to the facts of this case. We are not inclined to pursue that task on our own initiative. Furthermore, the appellant's complaint lacked several allegations that seem to be universally required where a tort duty has been recognized in such circumstances. First, there is no lia
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