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Selwyn v. Ward7/7/2005
It's an all too familiar scenario -- a group of high school students manage to procure some alcoholic beverages, act irresponsibly, and someone gets hurt. In this version, however, the injuries did not result from the consumption of illegally obtained alcohol but from a minor igniting it and causing an explosion. The plaintiff, Bridget Selwyn (Selwyn or plaintiff), is the victim in this tragedy, and she sought to recover for her injuries from several named defendants, including RC Liquors, Inc. (RC Liquors or defendant). It is from a grant of summary judgment in favor of that defendant that the plaintiff appeals.
This case came before the Supreme Court on May 12, 2005, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. After hearing arguments of counsel and reviewing the memoranda submitted by the parties, we are satisfied that cause has not been shown. Accordingly, we shall decide the appeal at this time.
Facts and Travel
In the early morning of August 26, 2000, plaintiff and several others gathered at the home of Karen Ward (Ward), on Warwick Neck Avenue, in Warwick. The Ward property included an outbuilding, referred to as "the barn," in which Ward's son, Taylor, and his friends often socialized. On the night of the incident, the gathering at the barn consisted of: Bridget Selwyn, Taylor Ward, Michael A. Buonanno (Buonanno), John Cronin (Cronin), Eric Machala, Kathryn A. Marciano (Marciano), Peter Keene, Jason Petrarca, James Carvalho, and Richard Cole.
The accounts of the evening's events indicate that various people were smoking marijuana and/or ingesting ecstasy in the barn. There also was a partially consumed 1.75-liter bottle of 190-proof grain alcohol or "Everclear" in the barn. At about 4:30 a.m. on August 26, 2000, the bottle of Everclear became the catalyst for disaster when Buonanno poured some of the grain alcohol onto an open flame, causing an intense explosion that burned plaintiff, Marciano, and Cronin.
It was revealed during discovery that a bottle of Everclear had been purchased by another adolescent, Lauren Andrews (Andrews), for a gathering at the barn the previous month. Andrews said that she purchased the Everclear at RC Liquors and was not asked for proof of age. Earlier, at that gathering, Andrews mixed up a batch of "Jungle Juice" -- a combination of "Kool-Aid, Everclear, and vodka" -- and left the remaining grain alcohol in the barn.
The plaintiff amended her complaint to include RC Liquors as a party defendant. She alleged that defendant directly and proximately caused her injuries by providing Andrews with the grain alcohol when it "knew or should have known [(1)] that [Andrews] was underage to lawfully possess and/or consume alcoholic beverages[; and (2)] that it was unlawful and dangerous to others to provide grain alcohol to minors." RC Liquors moved for summary judgment.
In support of her opposition to defendant's motion, plaintiff submitted the affidavit of Thomas J. Paolino, Jr., M.D. (Dr. Paolino). Doctor Paolino is a physician and psychiatrist who devotes a substantial portion of his practice to treating substance abuse issues in adolescents and young adults. In the affidavit, he said that " he possession and use of grain alcohol by adolescents and young adults is extremely dangerous." He explained that consuming grain alcohol can lead to "rapid intoxication" and that "adolescents and young adults will typically engage in risky and dangerous behavior when severely impaired." He further averred that grain alcohol is extremely flammable and that " requently adolescents and young adults who use gr
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