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Marcum v. Bowden8/29/2005
Heard May 4, 2005
REVERSED
The trial court granted respondents' motion for summary judgment in appellant's wrongful death action. In this case, we are asked to determine whether a social host should be subject to liability when the host has provided alcohol to a person less than 21 years of age and that person is subsequently injured or dies.
FACTS
Linda Marcum, as Personal Representative of the estate of Justin Michael Parks (Parks), brought this wrongful death action that arose from a one-car accident in which her son was killed. Parks, who was 19 years old, had consumed alcohol before the accident and, at the time of his death, had a blood alcohol content of 0.291%. An expert witness testified Parks' blood alcohol content indicated he was seriously intoxicated and that he would have been visibly drunk, have trouble walking, and have slurred speech.
Prior to the accident, Parks attended a cookout held at the home of respondents, Donald and Gloria Bowden (hereinafter "the Bowdens"). The cookout was held for social and business promotional purposes. Mr. Bowden gave a general invitation to the cookout to a group of people he saw while at Shealy Electrical's office.
Parks, who was employed by Shealy Electrical, rode to the cookout with his supervisor, Timothy Hensley (Mr. Hensley). At the party, the Bowdens placed soft drinks and beer in a "washtub" on the deck and expected their guests to help themselves to the beverage of their choice. Respondent Utility Service Agency, Inc. reimbursed Mr. Bowden for the cost of food and drinks, including liquor. The Bowdens did not take any precautions to ensure those who were drinking alcohol were over 21 years of age. No one from Shealy Electrical informed the Bowdens that Parks was under 21 and could not legally drink alcohol. Mr. Bowden assumed Parks was at least 21 years old because of his employment, because he had seen him drinking at a bar before, and because he had overheard him in Shealy Electrical's office talking about drinking shots in bars.
At the cookout, Parks drank beer and several tequila shots. Jim Woods, a co-worker of Parks who did not know Parks' age, asked Parks what he was doing after seeing him take at least three shots of tequila within ten minutes. Parks replied he was "just trying to get a buzz." Mr. Bowden did not remember seeing Parks drink but he assumed he was drinking.
Mr. Hensley and the Bowdens testified that, upon leaving the party to ride home with the Hensleys, Parks did not have trouble walking and his speech was not slurred. Mrs. Bowden testified that when Parks left, he hugged her and thanked her for allowing him to come to the cookout. She felt his condition was fine. However, Mrs. Hensley, who drove Mr. Hensley and Parks from the party to their house, testified that when Parks left the party, he was walking fine, but his speech was slurred. Mrs. Hensley did not consume any alcohol that night.
Once arriving to the Hensley home, Mr. Hensley detained Parks because he wanted Parks to sober up before going to another party. He stated he did not serve Parks alcohol; however, Parks attempted to drink one minibottle, which Mr. Hensley poured out after Parks had taken one sip. As soon as Mr. Hensley poured the first minibottle out, Parks pulled another minibottle out of his pocket and drank it down at once. Parks continued to attempt to leave, but Mr. Hensley continued to delay him because he did not want Parks to drive. Finally, Mr. Hensley did not feel he could further prevent Parks from driving away and Parks left.
Before trial on Parks' wrongful death action, respondents' motion for summary judgment was gran
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