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Marcinkiewicz v. Marrero4/18/2005
egarding host liability and the use of alcoholic beverages, and perhaps the misuse of alcoholic beverages as it may affect third parties, it doesn't provide for direct liability. It's a creature of statute and it doesn't apply in the circumstances of this particular case.
The facts of this case, uncontradicted, appear to be that this young man developed a taste for alcohol and apparently use of drugs at a time when he was unemancipated, continued beyond his emancipation in 1995. Clearly, self-imposed addiction. There's no indication of a direct condonation of that conduct by his father. There are allegations that it was permitted but, clearly, the father did not participate in drinking with the boy, providing him directly with alcohol, although there may be a question as to whether . . . or not he knew the activity was taking place. Technically and legally, the father had no control over whether or not, for instance, Everette, the decedent son, would stay in the household. If he had the ability and the desire to do so, he could remove himself from the household and join the military service, marry or pursue any course of conduct which he chose to and, there being no obligation by the father to direct him or guide him, nor could the father have any ability to prevent him from acting as his own person.
It is questionable as to what control or authority to control Mr. Marrero would have had when, in fact, for that matter, to a lesser degree, Sonia Marrero, the co-defendant would have had to control the conduct of the decedent son. Clearly, again, these counts in the amended complaint were drafted on the basis of an unemancipated child, even construed in the light most favorable to the plaintiff's allegations of liability because it has clearly been determined that, in fact, as a matter of law, the decedent was emancipated since 1995. Counts one and two fail to state a claim upon which relief can be granted. Counts three and four have already been dismissed [on a pre-trial order granting partial summary judgment] and, therefore, the complaints are dismissed with prejudice.
I will discharge the jury[.]
. . . I understand this was rather unusual circumstances that led to this hearing before the Court and this motion, and we didn't realize it until yesterday and I'm sure it comes as a surprise to the parties as to the determination being made. I made my determination based upon the law in the case before me. I hope it suits your mutual purposes[.]"
We have reviewed the record in the light of the written and oral arguments advanced by the parties. Applying prevailing principles of law to the facts of the matter, we reach the same conclusions as Judge Ryan did for similar, but not identical, reasons.
On appeal, as before the trial court, plaintiff has conceded that she advances a novel theory of tort liability. In this acknowledged case of first impression, she seeks a ruling that a homeowner and father who, "with careless indifference and reckless disregard" for the consequences, permits excessive consumption of alcohol on his premises, is liable for the damages caused thereby, not only to third parties, but to the drinker himself and those who assert derivative claims. On the facts presented, we reject plaintiff's invitation to declare a new rule of tort law.
In determining whether a duty is to be imposed, courts must engage in a rather complex analysis that weighs and balances several, related factors, including the nature of the underlying risk of harm, that is, its foreseeability and severity, the opportunity and ability to exercise care to prevent the harm, the comparative interests of, and the relationships between or among, the
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