Social Host Held Responsible in Drunk Driving Accident
by
Joseph C. Maya on Apr. 10, 2017
Accident & Injury Accident & Injury Car Accident Criminal DUI-DWI
Summary: Blog post on the liability of social hosts when they serve alcohol and their intoxicated guests are involved in car accidents.
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Plaintiff driver filed suit against defendants, a social host and the administratrix of a decedent's estate, alleging a violation of the Connecticut Dram Shop Act, Conn. Gen. Stat. § 30-102, common-law recklessness, and common-law negligence against the social host. The social host moved for summary judgment.
The trial court noted that the driver alleged that the social host invited the decedent to her residence and provided, supplied, delivered, and/or served the decedent alcoholic beverages. The social host admitted that there was alcohol available to the decedent in her residence on the night of the accident. A claim for reckless service of alcohol did not require direct service or offer of alcohol to the decedent. The driver alleged that the social host was aware that the decedent was intoxicated when she left the home in her car, and that the social host served the decedent alcohol when she knew or in the exercise of reasonable care should have known that she was intoxicated. The decedent's blood alcohol level at the time of the collision was 0.21 percent, and an expert opined that the decedent was likely visibly intoxicated when she left the social host's residence. The social host's motion was denied as to the common-law recklessness claim. The voluntary consumption of alcohol by the tortfeasor no longer served to bar an action against a social host for the negligent service of alcohol to an adult. A fact issue precluded summary judgment on the common-law negligence claim. The summary judgment motion was granted as to the Dram Shop Act claim. In all other respects, the summary judgment motion was denied.
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Source: Silvia v. Wittenberg, 2010 Conn. Super. LEXIS 2429 (Conn. Super. Ct. Sept. 29, 2010)
