Court: Massachusetts Appeals Court; March 16, 1995; Massachusetts; State Appellate Court
Tate Isenstadt, while intoxicated, assaulted plaintiff O’Flynn with a beer bottle, causing a serious injury that required forty-six stitches. O’Flynn sued Jean Powers, the homeowner, and her teenage daughter, Kelly Powers, under social host liability. The Superior Court granted summary judgment for both defendants, which O’Flynn appealed.
The court analyzed the undisputed facts: Jean left home for dinner, explicitly instructed her children not to drink or host friends, but Kelly invited guests who brought alcohol, leading to an uninvited party of around fifty people, including Isenstadt, who arrived intoxicated. The court referenced previous cases establishing that a social host is not liable if they do not provide or serve alcohol to guests. In Jean's case, she neither knew of the party nor supplied alcohol, and she took preventive measures, which favored her defense.
As for Kelly, the court cited a precedent that a host at a bring-your-own-drink party does not have a duty to control guests' consumption. The court also addressed the special relationship theory proposed by O’Flynn, concluding that existing case law did not support imposing a duty of care on the hosts in this scenario.
Ultimately, the appeal was deemed frivolous, and the court affirmed the judgment in favor of Jean and Kelly, awarding them double costs of appeal. Claims against Isenstadt for assault, battery, and negligence remain unresolved. A separate Superior Court ruling confirmed the final judgment against Jean and Kelly, with a note that another minor son was not involved in the case.
