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Ritchie v. Goodman3/21/2005
Opinion Vote: AFFIRMED.
Parrish, P.J. and Shrum, J., concur.
Opinion:
Steve and Anita Ritchie ("Appellants") appeal from the trial court's order and judgment sustaining Respondents Jeremy Shumard, Frank Shumard, Jr., and Sue Shumard's (collectively "Respondents") motion to dismiss Appellants' petition for the wrongful death of their daughter, Kelsey Ritchie ("Kelsey"). Section 537.080. In their petition, Appellants premised Respondents' liability upon their ownership of certain property where a group of minors became intoxicated at a party, which ultimately resulted in Kelsey's death in an automobile accident involving several of these minors. Appellants now bring three points of trial court error, discussed more fully below, based upon the trial court's determination that Appellants' petition failed to state a claim upon which relief could be granted. We affirm the decision of the trial court.
Treating all facts alleged by the petition as true, Anderson v. Vill. of Jacksonville, 103 S.W.3d 190, 193 (Mo.App. 2003), the record reveals that on the evening of March 23, 2001, Respondent Jeremy Shumard ("Jeremy"), held a party at the home of his parents, Respondents Frank Shumard, Jr. and Sue Shumard (the "Shumards"). Those in attendance at the party included, among others, eighteen-year-old Adam Tomblin ("Tomblin"); seventeen-year-old Toby Waters ("Waters"); eighteen-year-old Noah Heath ("Heath"); eighteen-year-old Aaron Anderson (" Anderson"); seventeen-year-old Kelsey; and, sixteen-year-old Anna Isles ("Anna"). The majority of those attending the party were high school students and none of them were over twenty-one years of age.
Prior to that evening's party, several of the minors collected money from their friends and obtained a keg of beer, which they set up in the Shumards' backyard near a shed. On that evening, in addition to consuming beer from the keg, the party goers built a bonfire, which they ran through and danced around; passed around a bottle of vodka; and, listened to music.
At some point in the evening, Anderson, Heath, Anna, and Kelsey left Respondents' residence, at the behest of Anderson, and traveled in Heath's Ford Mustang. Heath operated the automobile and Anderson was in the passenger seat. The two young ladies were in the back seat. About a mile from Respondents' house, Anderson asked Heath to stop the vehicle so that he could urinate. Heath pulled the vehicle to the right hand side of the roadway and parked. The two boys exited the vehicle and the girls remained inside. According to Anderson, he and Heath decided to remain stopped in the roadway to wait for Tomblin and Waters, who they knew would be coming along soon in Tomblin's vehicle.
Moments later, Tomblin, driving his Honda Accord with Waters in the passenger seat, left Respondents' party and started traveling in the direction in which Heath had driven. Shortly thereafter, Tomblin, who was legally intoxicated and driving at a speed of approximately 82 miles per hour, crested a hill and struck the rear end of Heath's parked vehicle. As a result of the collision, both Anna and Kelsey were pronounced dead at the scene of the accident; Tomblin, Anderson, Waters, and Heath suffered serious injuries.
Appellants' petition does not set out specific counts against Respondents. It appears they premised Respondents' liability upon three separate but related theories. First, as best we discern, Appellants assert a public policy argument which would extend joint liability to social hosts who provide alcoholic beverages to minors. Based on the fact that Respondents provided alcoholic beverages to the minors in the present matter, Appellants alleg
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