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Garofalo v. Lambda Chi Alpha Fraternity9/7/2000
duty of care and protection. They then contend that the local chapter breached that duty when its members furnished alcoholic beverages to Garofalo (1) in violation of state law, and (2) in quantities that were foreseeably dangerous. The fraternity counters that there is no legal or factual basis for these claims under the record before us. Our consideration of the relevant principles, described below, leads us to agree.
1. Special relationship.
As a general rule the law imposes no duty upon an individual to act for the protection of others. Restatement (Second) of Torts § 314, at 116 (1965). Likewise, there is no duty to control the conduct of third persons so as to prevent that person from causing physical harm to another unless
(a) a special relation exists between the actor and the third person which imposes a duty upon the actor to control the third person's conduct, or
(b) a special relation exists between the actor and the other which gives to the other a right to protection. Restatement (Second) of Torts § 315, at 122; accord Bohan v. Hogan, 567 N.W.2d 234, 236 (Iowa 1997); Sankey, 456 N.W.2d at 209; Hildenbrand, 369 N.W.2d at 415.
Commonly recognized "special relations" include common carrier/passenger, innkeeper/guest, landlord/invitee, and peace officer/arrestee. Restatement (Second) of Torts § 314A, at118. In general, "special relations" are those in which the law recognizes a duty to aid or protect persons in a relationship of "dependence or mutual dependence." Id. cmt. b; accord Beach v. University of Utah, 726 P.2d 413, 415—16 (Utah 1986). So, for example, a peace officer who stops an intoxicated driver but does not take him into custody has no "special relation" with the driver such that the law will recognize a duty of protection, and impose liability upon the officer, when the driver later kills himself in an accident. Hildenbrand, 369 N.W.2d at 415. But a tavern owner, who has no duty to the patron who drinks himself to death, may be held to have breached a duty of care if the drunk is wrongfully expelled from the saloon, late at night, to die of cold and exposure. Weymire v. Wolfe, 52 Iowa 533, 534, 3 N.W. 541, 542 (1879); accord Hildenbrand, 369 N.W.2d at 415.
2. Underage drinking.
Iowa statutory law prohibits a person from giving, selling, or otherwise supplying alcoholic liquor, wine, or beer to persons between the age of eighteen and twenty—one except in limited circumstances prescribed by statute. Iowa Code § 123.47A. Violation of this law will support a common law cause of action by the underage person against the person furnishing the alcohol. Sage v. Johnson, 437 N.W.2d 582, 584—85 (Iowa 1989). "To prevail on such a cause of action, however, a plaintiff must prove the defendant's knowing and affirmative delivery of the [alcoholic beverage] to the underage person." Fullmer v. Tague, 500 N.W.2d 432, 434 (Iowa 1993) (emphasis added). "The statutory term 'otherwise supply' means more than merely permitting or allowing beer to be consumed on a defendant's premises." Id. (citing DeMore v. Dieters, 334 N.W.2d 734, 737 (Iowa 1983)); accord Snyder v. Fish, 539 N.W.2d 197, 199 (Iowa App. 1995).
3. Analysis.
Appellants seek to bring the local chapter within the reach of these rules regarding duty and underage drinking. Several jurisdictions have considered similar laws in the context of injuries stemming from fraternity parties. But the cases upon which appellants rely all involve coerced consumption of enormous amounts of alcohol by underage pledges as an integral part of organized fraternity initiation ceremonies. See, e.g., Quinn v. Sigma Rho Chapter of Beta Theta Pi Fraternity
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