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Welch v. Haase12/3/2003
as squeezing my hand. And I put my hand on his stomach, and I crawled over to see his face and his eyes were still open. And I didn't like the sight of that, so I backed up, and I just waited for everything to go. I didn't know what else to do.
Caz's friends could not get him free. He was trapped in the van, and he ultimately died from suffocation. Clayton indicated that he had felt Caz's last breath, and that from the time of the accident until Caz's last breath was "maybe a few minutes."
. A highway patrolman arrived at the scene of the accident shortly after it happened. Trooper Pete Eng spoke to Darby. After waiving his Miranda rights, Darby told Eng that he had been consuming alcoholic beverages. A preliminary breath test conducted at the scene revealed that Darby had a .103 breath/alcohol test. This test was administered approximately four hours after Darby left the Haases'.
. Darby was taken to a hospital, where three blood samples were taken one hour apart. The results of those tests revealed blood alcohol contents of .118, .10, and .08 percent. From those tests and his observations, Eng opined that at the time of the accident, Darby "was under the influence of an alcoholic beverage."
. Following the accident, Welch brought wrongful death and survival actions against Darby Klein, Earla Klein, and the Haases. Both Darby and Earla Klein failed to answer, and appeared throughout trial in default. The trial court instructed the jury that the Kleins admitted both negligence and proximate cause. The trial court also instructed that the contributory negligence and assumption of the risk defenses were available to the Haases, but not the Kleins. The trial court ultimately instructed the jury that the Kleins, "have admitted liability in this case. Therefore, the only issue for you to decide against Darby Klein and Earla Klein is the amount of damages, if any, [Welch] is entitled to recover."
. Although there was no dispute that Haases provided no alcohol at the party, the trial court also instructed the jury on the law concerning the provision of alcohol by a social host. The trial court further instructed on the liability of landowners. The trial court gave these instructions because it had observed jury confusion over the issues in voir dire.
. After a four-day trial, the jury returned a general verdict in favor of all four defendants. Welch did not object to this general verdict form. Welch subsequently filed a motion for judgment notwithstanding the verdict (JNOV), or in the alternative, a motion for new trial. The trial court denied the motion as to all defendants. Welch appeals, raising the following issues:
1. Whether the trial court erred in denying Welch's motion for a judgment notwithstanding the verdict, or alternatively, motion for new trial.
2. Whether the trial court erred in instructing the jury on the social host and landowner liability issues.
ANALYSIS AND DECISION
1. Whether the trial court erred in denying Welch's motion for a judgment notwithstanding the verdict, or alternatively, motion for new trial.
. In supporting his motion for JNOV or new trial, Welch argued that " he jury's decision in this case seems to reflect the general attitude in Tripp County that Winner's annual graduation party is a necessary evil, and that it should not result in civil liability to anyone under any circumstances." Welch therefore concluded that the verdict was "unfair and unreasonable," and the result of "passion, prejudice, or mistake of law." Welch relies upon following quote from a Pennsylvania case to illustrate his position that the jury's decision ignored
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