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Hansen v. Friend2/20/1992
nson v. Edwards, 105 Wash. 2d 457, 482, 486, 716 P.2d 814 (1986) (Callow, J., dissenting; Durham, J.,
dissenting)) or social (Burkhart v. Harrod, supra) (but see Young v. Caravan Corp., 99 Wash. 2d 655, 663 P.2d 834, 672 P.2d 1267 (1983)), and continue to do so. Nothing which has occurred in the months since Burkhart persuades me otherwise. Furthermore, the Legislature has failed to act. Nonetheless, the majority, apparently transfixed by the facts before it and harboring a belief that "youth must be served", has determined it can and, indeed, should "take on a more creative role in usurping powers of [the Legislature]." Burkhart, 110 Wash. 2d at 390. This is an odd way to maintain continuity in the law and surely does little to engender respect.
Thus, given the action of the court today, I do not believe it can any longer, with integrity, maintain its previous position. To do so would be a transparent charade. Although I dissent here, it seems more than likely that in the next case involving a social host the court will declare the doctrine of social host immunity has ceased to exist in this state and hold there is a duty by any social host toward those to whom the host has furnished alcoholic beverages. Christen v. Lee, 113 Wash. 2d 479, 510, 780 P.2d 1307 (1989) (Utter, J., concurring in part, dissenting in part); Burkhart, 110 Wash. 2d at 391 (Utter, J., concurring); Recent Cases, Negligence -- Social Host Liability -- Social Hosts Not Liable for Accidents Caused by Intoxicated Guests. -- Burkhart v. Harrod, 110 Wash. 2d 381, 755 P.2d 759 (1988), 102 Harv. L. Rev. 549 (1988-1989).
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