Sampson v. MacDougall

802 N.E.2d 602, 60 Mass. App. Ct. 394
CourtMassachusetts Appeals Court
DecidedFebruary 2, 2004
DocketNo. 02-P-998
StatusPublished
Cited by11 cases

This text of 802 N.E.2d 602 (Sampson v. MacDougall) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sampson v. MacDougall, 802 N.E.2d 602, 60 Mass. App. Ct. 394 (Mass. Ct. App. 2004).

Opinion

Grasso, J.

The plaintiffs seek to recover damages for injuries sustained by Robert E. Sampson (Robert) when, in a drunken state after leaving a party, he jumped from the top of a fence and was rendered a quadriplegic. At the time, Robert was eighteen years of age, an adult but an “underage” drinker. The plaintiffs commenced an action against Hugh and Priscilla MacDougall (the MacDougalls), as social hosts of the party, and against Adam MacDougall, Christopher Bellino, Brian McCarthy, and Steven McDonald,3 as social companions who procured the alcohol, alleging, inter alla, that the defendants had engaged in wilful, wanton, or reckless conduct that resulted in serious harm to the plaintiffs. Additionally, plaintiff Marjorie Sampson asserted a claim for negligent misrepresentation against the MacDougalls. A judge in the Superior Court allowed the defendants’ motions for summary judgment, concluding that they owed no duty of care to Robert, an intoxicated party guest who injured himself, and that a claim for negligent misrepresentation is one that arises only in a business context, not a social setting.4 On appeal, the plaintiffs argue that the judge erred in (1) declining to impose liability on the defendants for allegedly engaging in wilful, wanton, or reckless conduct by providing alcohol to Robert; and (2) concluding that a statement made by Hugh MacDougall to Marjorie Sampson during the party did not constitute negligent misrepresentation. We affirm.

1. Background. We set forth the undisputed material facts, as we must for summary judgment purposes, in the light most favorable to the plaintiffs. See Coveney v. President & Trustees of the College of the Holy Cross, 388 Mass. 16, 17 (1983). On June 12, 1999, the MacDougalls hosted a high school graduation party for their daughter at their home in Randolph. They [396]*396invited approximately forty adults and twenty youngsters to the celebration, which began around 6:00 p.m. Adam MacDougall, and his friends Christopher, Brian, and Steven, decided to purchase a one-half keg of beer for the party, which they set up in Adam’s bedroom, located in the basement of the MacDougall home. Robert, Adam, Christopher, Brian, and Steven were members of a group informally known as the “Mill Street crew,” which often gathered on weekends to socialize and drink together. At the time of the graduation party, Adam was twenty-two years old, and Steven was twenty-one years old. Robert, Christopher, and Brian were all under twenty-one, the legal drinking age. Robert had recently celebrated his eighteenth birthday.

The one-half keg of beer was purchased by Adam. Christopher and Steven contributed forty and fifty dollars, respectively, toward its cost. In addition, Steven paid the deposit on the tap and bought cups and ice. Once the keg was set up in Adam’s bedroom, the dispensing of beer was neither monitored nor controlled.

The police, who had been patrolling the neighborhood on another matter, arrived at the graduation party at approximately 10:15 p.m. They asked the MacDougalls to move several tubs of beer that had been in the backyard into the house so that the alcohol could be monitored more closely. The MacDougalls complied with the request, and the police left the premises without entering the house. The police subsequently called the MacDougalls around 11:00 p.m. and suggested that they end the party. Robert proceeded to walk home.

Following his arrival home, Robert received a telephone call from Brian, inviting him over for further socializing. Shortly after walking to Brian’s house, Robert observed a fight in the street that had erupted between Hugh MacDougall and an unidentified person who had driven by on a motorcycle and had nearly collided with a guest leaving the MacDougalls’ party. A police car approached Brian’s house, responding to a call about a disturbance in the neighborhood. Not wanting to have an encounter with the police, Robert ran from the scene, attempted to climb over a six-foot fence at the end of Brian’s driveway, panicked at the top of the fence, jumped off, and was rendered a quadriplegic in the ensuing fall.

[397]*397In the professional opinion of the plaintiffs’ expert, Dr. Scott E. Lukas, Robert’s blood alcohol level at the hospital suggested that he probably drank the equivalent of seven 12-ounce cups of beer at the MacDougall’s party. The keg had been Robert’s only source of alcohol. Dr. Lukas opined further that Robert’s judgment was dangerously impaired during the party and at the time of his subsequent accident.

2. Duty owed to Robert. The plaintiffs first contend that the MacDougalls, as social hosts, and Adam, Christopher, Brian, and Steven, as suppliers and joint venturers, had a duty to refrain from engaging in wilful, wanton, or reckless conduct in providing alcohol to Robert, who was under the legal drinking age. Because they breached this duty, the plaintiffs argue, the defendants are legally responsible for Robert’s injuries. We disagree.

To prevail on their summary judgment motion, the defendants must establish that they owed no legal duty to the plaintiffs. See Ulwick v. DeChristopher, 411 Mass. 401, 408 (1991) (at trial, plaintiffs have burden of proving duty, breach of duty, causation, and damages). “Whether a defendant has a duty of care to the plaintiff in the circumstances is a question of law for the court, to be determined by reference to existing social values and customs and appropriate social policy.” O’Sullivan v. Shaw, 431 Mass. 201, 203 (2000). If social hosts do have a duty to safeguard their guests from injury, such duty applies without regard to whether the social hosts were attentive or seriously inattentive to events transpiring on their premises. See Hamilton v. Ganias, 417 Mass. 666, 668 (1994) (particular circumstances of consumption of alcohol and of accident not important to conclusion that social hosts were not liable to intoxicated guest who injures himself). See also Luoni v. Berube, 431 Mass. 729, 730 n.2 (2000) (social hosts not liable to guest injured by fireworks brought to party and set off without hosts’ explicit permission).

This is plainly not a case where an innocent third party was injured by the negligent actions of an intoxicated guest who had been served alcohol by a social host who knew, or should have known, that the guest was drunk. See McGuiggan v. New England Tel. & Tel. Co., 398 Mass. 152, 162 (1986); Hamilton v. Ganias, supra at 668. In such circumstances, the court has [398]*398expressed a willingness to impose liability “based on the proposition that as between the social host and the public in general, the social host is in a far better position than third parties to prevent harm to others resulting from a guest’s intoxication.” Manning v. Nobile, 411 Mass. 382, 392 (1991). By contrast, and as is the case here, it is well established that a social host has no duty to a guest who becomes intoxicated and injures himself where the guest, although under the minimum drinking age, was not a minor. In such circumstances, “[a]s between the social host and the guest... the guest is in a better position to prevent harm to himself or herself.” Ibid. See Hamilton v. Ganias, supra at 667-668 (adult underage drinker solely responsible for his own voluntary consumption of alcohol).

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Bluebook (online)
802 N.E.2d 602, 60 Mass. App. Ct. 394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sampson-v-macdougall-massappct-2004.