Endre v. Arnold

692 A.2d 97, 300 N.J. Super. 136, 1997 N.J. Super. LEXIS 191
CourtNew Jersey Superior Court Appellate Division
DecidedApril 24, 1997
StatusPublished
Cited by36 cases

This text of 692 A.2d 97 (Endre v. Arnold) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Endre v. Arnold, 692 A.2d 97, 300 N.J. Super. 136, 1997 N.J. Super. LEXIS 191 (N.J. Ct. App. 1997).

Opinion

MUIR, Jr., J.A.D.

Plaintiff, John T. Endre, appeals from a summary judgment dismissing his complaint in this wrongful death-survivorship action where plaintiff alleged defendant, Diane Arnold, breached duties of care owed to plaintiffs decedent which proximately caused the latter’s death. Plaintiff alleged that defendant breached not only the duty of care a host owes to a social guest as to conditions of the host’s property but also the duty a host owes to a social guest to render aid to one who is injured while on a host’s premises and is put at risk by the injury. The trial court granted summary judgment finding no breach of duty.

We affirm. We conclude that, while a host has a well-settled duty to warn a social guest of dangerous conditions of which the host has actual knowledge and of which the guest is unaware, a host also has a duty to exercise reasonable care to render aid to a social guest who the host knows or has reason to know has seriously injured himself or herself. Nevertheless, the evidence presented here, when viewed most favorably to the plaintiff, does not support a conclusion that the defendant-host breached either duty which was the proximate cause of death.

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We review the competent evidential facts, which come essentially from depositions of defendant and plaintiff, in a light most favorable to the plaintiff. See Brill v. Guardian Life Ins. Co., 142 N.J. 520, 523, 666 A.2d 146 (1995). Many of the facts are undisputed.

Decedent, Terrill Endre, an alcoholic, and defendant, Diane Arnold, were longtime intimate friends. Decedent, who was divorced and unemployed, spent a considerable amount of time at defendant’s home. He had his own key to the home. During his visits, decedent would consume alcoholic beverages. He was a [140]*140“vodka person” according to defendant, although he also would bring and drink beer.

Decedent had a history of falling when intoxicated. He fell at his own home, at an apartment defendant rented prior to buying her home, and at her home. According to defendant, “[decedent] was always falling, and he would never let [her] call an ambulance or anything because he said he didn’t have hospitalization____”

On July 16,1993, when defendant returned home around 2 p.m., she found decedent waiting for her. The two planned to go shopping the next day. That afternoon and evening, decedent consumed beer and vodka “right from the bottle.” He had brought the beer and vodka with him. Around midnight, defendant ate some food. He “was drunk; very drunk, and just slopping [the food] all over.” Prior to the meal, he had eaten nothing that day at defendant’s home.

After the decedent finished eating, he went upstairs to go to bed. Defendant followed him “[t]o make sure he made it up all right, because he was drunk.” The defendant then came downstairs and fell asleep on the living room couch.

The next morning, sometime between 7 and 7:30, the defendant awoke. She heard a noise, “like stirring.” Decedent was lying at the foot of the stairs. She spoke to him. He appeared conscious and in no pain. She told him, “When I come downstairs, you better be up.” Decedent responded as she said he always did with an “Uh-huh.” Defendant then stepped over him to go upstairs and get dressed to go out shopping. When upstairs, she looked down the stairs and did not see decedent. So, she “figured he was up.”

About 7:50 a.m., she came back down the stairs. Again, she found decedent lying at the foot of the stairs. She did not like the way decedent looked. She saw, for the first time, decedent had thrown up. The regurgitation contained blood. She claims she said, “Terry, I’m calling the ambulance,” and he grabbed her leg [141]*141and said, “No.” She then said that she would call plaintiff, decedent’s son, and decedent said, “All right.”

Plaintiff said he received the call about 8:45 a.m. He said defendant had no urgency in her voice when she asked if plaintiff would come over and help pick up his father. Plaintiff arrived between 8:55 and 9 a.m.

Plaintiff said at first he noticed decedent was worse than he had ever seen him before. He stated his father mumbled, slurring his words, and moved only one side of his body. Plaintiff, on deposition, asserted decedent could not speak except to say “no, no,” but he also stated at one point during his deposition his father said “I don’t know” twice when asked if he could move or get up. Plaintiff acknowledged defendant asked him to pick up his father.

Defendant then called a neighbor. The neighbor refused to pick decedent up due to concern for possible injury. At that point, 9:06 a.m., six to eleven minutes after plaintiff arrived, defendant called the police. An ambulance took decedent to Rancocas Hospital, where around 10 a.m. he was found alert but not speaking. Subsequently, based on a diagnosis of subdural hematoma, decedent was airlifted to Cooper Trauma Center, where he died on July 18 after craniotomy surgery. When the ambulance left defendant’s home, defendant and plaintiff followed in plaintiffs car, but plaintiff stopped to get something to eat at a McDonald’s before proceeding to the hospital.

Plaintiff testified defendant told him she heard “a thump, like a bang, a thump” around 4 a.m. on July 17 but that she went back to sleep. He also claimed defendant told him she thought decedent fell at that time. He further testified defendant told him she gave decedent Xanax, a prescription drug, and asserted his father smoked marijuana on July 16 but did not say defendant gave it to him.

There is no evidence in the record as to exactly how decedent ended up at the bottom of the stairs that July 17, 1993. The [142]*142parties had completed discovery at the time the trial judge granted summary judgment.

II.

Three elements are essential for the existence of a cause of action in negligence: (1) a duty of care owed by defendant to plaintiff; (2) a breach of that duty by defendant; and (3) an injury to plaintiff proximately caused by defendant’s breach. See Anderson v. Sammy Redd and Assoc., 278 N.J.Super. 50, 56, 650 A.2d 376 (App.Div.), certif. denied, 139 N.J. 441, 655 A.2d 444 (1995). Whether a duty exists is solely a question of law to be decided by a court and not by submission to a jury. Wang v. Allstate Ins. Co., 125 N.J. 2, 15, 592 A.2d 527 (1991).

Here, there is a dichotomy in the duties plaintiff claims defendant owed to decedent. First is the duty a host owes a social guest as to conditions of the property. Second is the duty a host owes to render aid to a social guest who is at peril due to a physical injury sustained while on the host’s property. We address these claims separately in the context of the parties’ concession the decedent was a social guest of defendant.

The law is well settled regarding the duty a host owes to a social guest as to conditions of the property. The duty is limited. A host need only warn “of dangerous conditions of which [the host] had actual knowledge and of which the guest is unaware.” Hopkins v. Fox & Lazo Realtors, 132 N.J.

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Bluebook (online)
692 A.2d 97, 300 N.J. Super. 136, 1997 N.J. Super. LEXIS 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/endre-v-arnold-njsuperctappdiv-1997.