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Selwyn v. Ward7/7/2005
(R.I. 2004); Geloso v. Kenny, 812 A.2d 814, 817 (R.I. 2002). Having carefully reviewed the record, we are satisfied that the trial justice did not abuse her discretion by disregarding Dr. Paolino's opinion. From Dr. Paolino's education and experience, one could reasonably conclude that he was not qualified to give an opinion on a liquor store owner's actual or constructive knowledge about an adolescent's tendency to ignite grain alcohol for sport. See Geloso, 812 A.2d at 817 ("A review for abuse of discretion requires us to examine the ruling to ensure that the trial justice's discretion 'has been soundly and judicially exercised, * * * with just regard to what is right and equitable under the circumstances and the law.'") (quoting Debar v. Women & Infants Hospital, 762 A.2d 1182, 1185-86 (R.I. 2000)).
Further, we are not convinced that this type of harm is a foreseeable consequence of the sale of alcohol to minors. The plaintiff asserts that defendant owed her a duty arising out of G.L. 1956 § 3-8-5. She contends that her injuries were foreseeable by RC Liquors by virtue of the sheer quantity and volatile nature of the grain alcohol it allegedly sold to seventeen-year-old Andrews, in violation of § 3-8-5. According to plaintiff, the size of the bottle of Everclear and the label warning of the product's flammability put defendant on notice that Andrews intended to share the grain alcohol with other minors and that one of those minors might get burned.
In Martin, 871 A.2d at 913, we held that a defendant-homeowner was not entitled to summary judgment in a suit to recover damages suffered by a minor who consumed alcohol on her property. The plaintiff was a guest at a party the defendant hosted for her daughter, with two kegs of beer and a port-a-john available; he admitted to drinking approximately six beers from the kegs. Id. at 914. There was an altercation, and the plaintiff was struck in the head by a baseball bat wielded by a third person, causing the injuries for which he sued the defendant and others. Id. The Superior Court granted the defendant's motion for summary judgment, finding that she had no duty to protect the plaintiff from the attack because it was unforeseeable. Id. This Court vacated the judgment, holding that a social host owes a special duty to his or her underage guests when he or she provides those guests with intoxicants. Id. at 915-16. We reasoned that holding social hosts to such a duty furthered the public policy reflected in our state laws banning underage drinking and prohibiting adults from supplying alcohol to minors. Id. at 916. Furthermore, we concluded that it was foreseeable that when upwards of fifty young people are at a party where alcohol is available, a violent altercation is foreseeable, because "the use of intoxicants frequently unduly excites the tempers, emotions and actions of those who indulge in them." Id. at 917 (quoting Fisher v. Robbins, 319 P.2d 116, 126 (Wyo. 1957)).
The present case is distinguishable from Martin in two crucial ways. First, the minors in Martin were guests at the defendant's home and under her supervision while illegally consuming alcohol, whereas Buonanno, Selwyn, and the others gathered at the barn were neither on RC Liquors' property nor under its supervision when the fire injuring plaintiff occurred. Second, the evidence in Martin suggested that the defendant made alcohol available for consumption by the guests gathered at her house, giving rise to a special duty to protect those guests, but there has been no suggestion that RC Liquors sold grain alcohol to Andrews for the purpose of igniting it.
The public policy considerations that shaped the duty of care in Martin are not present in this case.
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