Plaintiff argues that boy would have died even if he hadn’t been drinking
Plaintiff’s decedent, 17, joined several other high school students at defendant homeowners’ property for a party the night before high school graduation. Alcohol was served and consumed and marijuana was smoked on the property.
When the defendants ordered the attendees home, the teen attempted to try and sleep in defendants’ house because it was cold outside, but was told to leave and was locked out.
Defendants’ property slopes down to a deep river, and many cars were parked on the sloped portion of the property. The teen went to sleep in his car because he didn’t want to drive home drunk. In the middle of the night, his car rolled into the river. Unable to escape, he drowned.
Plaintiff’s estate asserted that when the homeowners were notified that something had happened to the teen, rather than call the police, defendants cleaned up the party scene — removing the keg and other debris — while the teen was trapped inside his car at the bottom of the river. Only after the scene had been cleaned up did defendants call the police, but by that time it was too late.
Defendant’s homeowners insurance company disputed coverage by claiming the teen’s death arose from a criminal act or the supervision of a criminal act (i.e., the provision of alcohol to a minor).
Plaintiff overcame summary disposition on this argument by pointing out that the teen’s alcohol consumption was not the proximate cause of his death. There was a question of material fact as to whether the teen’s lack of sobriety played any role in his death, with evidence suggesting that even if he was sober, he would have died.
Plaintiff overcame summary disposition, and then prevailed at a declaratory action jury trial in Midland County. The case was submitted to arbitration shortly before trial on the underlying civil case, and the panel awarded $1.05 million.
Type of action: Negligent supervision, premises liability
Type of injuries: Death
Name of case: Confidential
Court/Case no./Date: Midland County Circuit Court; confidential; May 7, 2013
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