 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Welch v. Haase12/3/2003
Argued on Briefs October 7, 2003
. Larry Welch (Welch), special administrator of the Estate of Caz Welch (decedent), initiated wrongful death and survival actions following Caz's death in a single car auto accident. The actions were brought against the driver of the vehicle (Darby Klein), the driver's mother (Earla Klein), and the two landowners (Allen and Zenda Haase) who hosted a party immediately preceding the accident. Darby and Earla Klein did not retain counsel, did not answer the complaint, and proceeded to trial in default only to "find out how much [they] owe." Haases defended on a number of grounds including a lack of landowner liability, a lack of proximate cause, insufficient evidence of damages, assumption of the risk, and contributory negligence. The jury returned a general verdict in favor of all four defendants. Welch appeals the denial of his subsequent motion for judgment notwithstanding the verdict or new trial. Welch argues that the jury verdict was unfair and the subject of passion and prejudice. He also argues that the trial court erroneously instructed on the law governing landowner liability and the furnishing of alcoholic beverages by social hosts. We affirm the trial court's denial of Welch's motion relating to the Haases. With respect to the Kleins, we reverse and remand for new trial on both the wrongful death and the survival actions.
FACTS AND PROCEDURAL HISTORY
. On May 21, 2000, the graduating class of Winner High School had a graduation party. The students had organized the party throughout the school year. They collected money to buy several kegs of beer for the party, and they arranged for someone over twenty-one to purchase it. By graduation, the location of the party was the only detail that had not been determined. Some students approached Allen and Zenda Haase to host the party. Haases' oldest son was in the graduating class, and Haases were asked if the party could be held at their farm, which was located forty miles from Winner. Haases agreed.
. A large number of students attended the party, including Darby Klein and Caz Welch. Parents and other adults also attended. The adults were at the party to help enforce an informal set of "rules" that had developed from prior Winner graduation parties. The "rules" were purportedly designed to prevent alcohol-related driving accidents. One of the "rules" required the collection of all car keys in buckets as the students arrived. Adults were also posted at a gate put up by students to guard the farm's exit. Drivers wishing to leave the party were required to call a parent before leaving.
. The Haases did not provide any of the alcohol consumed by the students at the party. They did, however, stay at their farm during the party. They also helped the other "chaperones" enforce the "rules." Consequently, Haases helped collect the students' keys and helped supervise the exit gate.
. One of the other parents at the party was Ronda Godel. She was Caz Welch's mother. She also assisted with collecting the students' keys. However, she left early in the morning before the party was over. She did not leave any instructions with the Haases regarding Caz and whether he had her permission to leave.
. At the end of the evening, the bucket of keys remained inside the Haases' home. When students got ready to leave the following morning, they were required to go into the house to get their keys. The students were also supposed to call a parent to get permission to drive home. Many students called their parents from the phone at the Haase home. Other students used cell phones to call their parents.
. As they were leaving, the students had to
Page 1 2 3 4 5 6 7 8 9 South Dakota Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|