See id. Whether a party owes a duty to the plaintiff is a question of law. See Young, 99 Wash.2d at 660, 663 P.2d 834. Both commit a criminal act by serving alcohol to a minor. This statute establishes that a social host owes a duty of reasonable care not to furnish alcohol to a minor. See id. However, the concept of foreseeability determines the scope of the duty owed, and foreseeability is an issue for the trier of fact. The majority draws an insupportable distinction between social hosts and commercial vendors by ignoring that both are committing criminal acts when they furnish alcohol to a minor. This court has also clearly recognized where the Legislature has made it a criminal offense to sell alcohol to a minor, third parties foreseeably injured by that minor have a civil cause of action. A third party who is injured by an intoxicated […] On the contrary, the scope of a duty in this situation would not be ill defined. See id. AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data. I agree with the majority that the Defendants, as social host, should not be liable for injuries to third parties caused by an intoxicated minor guest. [763] In December, 1993, Jamie and Anna Hicks filed a motion for summary judgment on two separate grounds. Under the majority, we are also left with the strained result of different standards for commercial vendors than for social hosts who furnish alcohol to minors. Celebrate and remember the lives we have lost in Reynolds, Georgia. A breach of duty not to furnish alcohol to a minor would not constitute negligence per se, but would be considered as evidence of negligence. A commercial vendor would be subject to suit under similar circumstances, however. Honor Center v. 'Hicks. See Hostetler v. Ward, 41 Wash.App. Also the address of Mrs. Hicks if you desire to read more you may purchase the book from Mrs. Hicks… in the united states district court for the southern district of new york international code council, inc., plaintiff, v. upcodes, inc.; garrett reynolds; See id. [2] Restatement (Second) of Torts § 286 (1965) provides: "The court may adopt as the standard of conduct of a reasonable man the requirements of a legislative enactment or an administrative regulation whose purpose is found to be exclusively or in part, "(a) to protect a class of persons which includes the one whose interest is invaded, and, "(b) to protect the particular interest which is invaded, and, "(c) to protect that interest against the kind of harm which has resulted, and, "(d) to protect that interest against the particular hazard from which the harm results.". As Justice Dolliver noted in his dissent in Hansen, the "`judiciary is ill equipped' to impose social host liability." Summary: Alana Reynolds is 39 years old and was born on 09/01/1981. After dinner, drinks were available at a hosted bar. See Hansen, 118 Wash.2d at 479, 824 P.2d 483; Young v. Caravan Corp., 99 Wash.2d 655, 659, 663 P.2d 834, 672 P.2d 1267 (1983). The Court of Appeals has held that a third person injured by an intoxicated minor does not have a cause of action against the social host who furnished the alcohol or allowed the consumption of the alcohol on his or her premises. No specific amount was pleaded in the complaint; rather, the amount was set to be proven at trial. CP at 18D; CP at 76. Washington courts have recognized that a legislative enactment may prescribe a standard of conduct required of a reasonable person. At approximately midnight, Steven Hicks left the reception in his sister Dianne's car. Alana Reynolds lives in Bethesda, MD; previous city include Ellicott City MD. See id. [1] In Estate of Kelly v. Falin, 127 Wash.2d 31, 896 P.2d 1245 (1995), we based our decision on RCW 66.08.010, which states: "This entire title shall be deemed an exercise of the police power of the state, for the protection of the welfare, health, peace, morals, and safety of the people of the state, and all its provisions shall be liberally construed for the accomplishment of that purpose." v. Hicks, 509 U.S. 502, 518 (1993). See id. However, it is the social hosts that are in the best position to know the ages of the guest they are serving and to [768] regulate their own conduct so as to avoid committing a crime. The Hansen court further held social hosts liable in negligence when the minor sustains injury proximately caused by a breach of this duty. Judge James Bates of the King County Superior Court granted the Defendants' motion for summary judgment on the first issue, finding that the Defendant social hosts did not owe a duty to third parties injured by the intoxicated minor. Must the host hire a bartender to control and monitor the alcohol in the [765] home so that a minor cannot obtain alcohol at a party? Thus, Defendants are not entitled to costs pursuant to CR 68. Browse the most recent Reynolds, Georgia obituaries and condolences. In Burkhart, we held a social host who serves an obviously intoxicated adult does not owe a duty to third parties injured by the intoxicated adult Burkhart, 110 Wash.2d at 386-87, 755 P.2d 759. 2742, 125 L.Ed.2d 407 (1993). Thus, once a duty is owed, the well established principles of negligence limit and shape the possibility and scope of any recovery. ATTORNEYS FEES. The issue presented in this case is whether a social host who furnishes alcohol to a minor owes a duty of care to third persons injured by the intoxicated minor. 578, 584-85, 722 P.2d 1363 (1986), agreed with the Hostetler court, finding that RCW 66.44.270 does not protect third persons injured by intoxicated minors. Hansen v. Friend, 118 Wash.2d 476, 480, 824 P.2d 483 (1992). Plaintiff sued Defendants, alleging negligence for serving alcohol to a minor. RCW 66.20.210 provides the commercial vendor with a way to immunize itself from civil liability for alcohol-related injuries resulting from the sale of alcohol to a minor. Co. v. Jerome, 122 Wash.2d 157, 160, 856 P.2d 1095 (1993); Wilson v. Steinbach, 98 Wash.2d 434, 437, 656 P.2d 1030 (1982). Thus, the Plaintiffs did not limit their award and based on their claim for damages and relief could have received well above $10,000 in damages. Burgess, Fitzer, Leighton & Phillips, Timothy Gosselin, Tacoma, Amicus Curiae on Behalf of Washington Defense Trial Lawyers Association. Steven consumed alcohol at the reception and then drove his sister’s car. RCW 66.44.270(1) makes it unlawful for any person to give, or otherwise supply liquor to any person under the age of twenty-one years or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control. A career that began with television roles in ‘River Boat’ (1959-60), ‘Gunsmoke’ (1962-66) and ‘The Twilight Zone’ (1963) ended up making Burt Reynolds a Hollywood megastar. Synopsis of Rule of Law. Email Address: s WPRV @yahoo.com +2 emails. It follows that the Legislature did not intend social hosts to be liable to the extent of commercial vendors. Research the case of Reynolds v. Sovran Acquisitions LP, from the N.D. Texas, 10-27-2015. At issue in this case is whether Reynolds is within the class of persons the statute was designed to protect. Thus, we find that Jamie and Anna Hicks did not owe a duty to Mr. Reynolds in this case. CP at 532. We find that such an expansion is not warranted by the statute or Washington case law. The majority reaches its conclusion, in part, by stating Hansen did not extend social host liability to injured third parties, but rather created a limited cause of action for injured, intoxicated minors against the social host who furnished them alcohol. The list of concerns for social host expressed by the majority places more emphasis on the possible difficulties posed for social hosts than on a potential remedy for victims of underage drunk driving. If the Hicks owe a duty to Reynolds not to serve alcohol to Steven, a minor, the inquiry regarding liability does not end there, as the majority seems to fear. Written and curated by real attorneys at Quimbee. At 1:00 A.M. he was involved in an automobile accident with the Plaintiff, Timothy Reynolds. Reynolds (Plaintiff) sued the Hickses (Defendants) for serving alcohol to their minor nephew who then injured Plaintiff in an automobile accident. 505, 506, 369 S.E.2d 106, 110 (1988)(emphasis added), a determinate suspended sentence, notwithstandingthat it is accompanied by conditions, comprises criminal punishmentand is “not equivalent to a conditional sentence that would allowthe contemnor to avoid or purge . We thus recognize that members of the general public, or injured third parties, were members of the protected class. See CP at 18 D-F. [1] Washington courts have adopted the test from the Restatement (Second) of Torts § 286 (1965) to determine when a statute may be adopted as a reasonable person's standard of conduct. See id. Defendants argue that they are entitled to reasonable attorneys fees as the prevailing party pursuant to RCW 4.84.250 and costs pursuant to CR 68. He drives off with his sister, and they smash into Reynolds. We offer recommendations from 35+ fantasy baseball experts! The defendant is considered the "prevailing party" for purposes of RCW 4.84.250 if the plaintiff recovers either nothing or a sum not exceeding that offered by the defendant in settlement. Both commit crimes. The majority’s distinction between social hosts and commercial vendors is insupportable. Plaintiffs argue that the decisions of the Court of Appeals are of limited authority because they were decided before our rulings in Hansen and Purchase v. Meyer, 108 Wash.2d 220, 737 P.2d 661 (1987). Must the host obtain a breathalyzer to check all minor guests before leaving the premises? Because the statute allows a parent or guardian to legally give alcohol to a minor who may then injure a third person it is apparent that the statute was not enacted to protect third persons injured by intoxicated minors. Purchase held an injured third party has a negligence per se claim against a vendor who sells alcohol to a minor. See Mutual of Enumclaw Ins. A third party who is injured by an intoxicated minor may not sue the social hosts who provided the alcohol to the minor under the statute making such provision of alcohol to minors illegal. The source of the alcohol should not dictate whether a remedy is available. See id. Social hosts already have a responsibility to avoid criminal conduct. In Hansen, this court recognized that a minor who is injured as a result of alcohol intoxication has a cause of action against the social host who supplied the alcohol based on RCW 66.44.270. Plaintiffs appealed to the Court of Appeals. No. Each and every quote I post here is one that has impacted me profoundly. 105 likes. [6] Consequently, Defendants are not entitled to reasonable attorneys fees pursuant to RCW 4.84.250. In July, 1991, Plaintiffs filed an amended complaint listing Jamie and Anna Hicks as Defendants, alleging that they were "negligent in serving alcoholic beverages to Defendant [Steven] with knowledge and/or reason to believe that [he] was below the age of 21 years and/or became intoxicated." The Court of Appeals certified the case to this court and direct review was granted pursuant to RCW 2.06.030. This means you can view content but cannot create content. Synopsis of Rule of Law. And since Burkhart, this court has recognized social host liability. "Every person who shall sell any intoxicating liquor to any minor shall be guilty of a violation of Title 66 RCW.". RCW 66.44.270(3) does not apply to liquor given or permitted to be given to a person under the age of twenty-one years by a parent or guardian and consumed in the presence of the parent or guardian. Is the host required to card persons at social and family gatherings? The facts concerning the hosted bar are not clear. Second, they stated that assuming Washington does extend social host liability to third persons, the minor in this case was not "obviously intoxicated" at the time he was served alcohol. Timothy Reynolds suffered serious injuries as a result of the accident. The Legislature, in criminalizing the act of furnishing or selling alcohol to a minor, has declared that act as the point on which to focus in the causal chain of underage drunk driving. Burkhart v. Harrod, 110 Wash.2d 381, 386-87, 755 P.2d 759 (1988). See id. See CR 56(c); Mutual of Enumclaw, 122 Wash.2d at 160, 856 P.2d 1095. v. Lancaster County School District 0001, Reynolds v. Hicks, 951 P.2d 761, 134 Wn.2d 491, 1998 Wash. LEXIS 83 (Wash. Feb. 26, 1998). Steven Hicks admitted to consuming alcohol at the reception; however, other relatives, including his sister, Dianne Hicks, his aunt, Anne Dahl, and Jamie and Anna Hicks, all claimed that they did not see Steven drinking alcohol nor did he appear to be in an intoxicated state. Jamie and Anna Hicks did not owe a duty to Mr. Reynolds in this case. [5] In this way the Legislature has evinced an intent to hold commercial vendors liable. RCW 66.20.210. I also disagree with the majority's analysis, which confuses the issues of duty and ultimate liability. If you are looking for help with your case summary then we offer a comprehensive writing service provided by fully qualified academics in your field of study. Hicks v. Lewis, No. There will be no more of "Family History of Hicks-Byerley Ancestors and Descendants" by Viola B. Hicks. The statute prohibiting commercial vendors from selling alcohol to minors does not provide for exceptions, whereas the prohibition against furnishing alcohol to minors does. Current Address: SHJO State Highway 225, Bay Minette, AL. Victims suffer no less at the hands of an intoxicated minor served by a vendor than at the hands of those served by a social host. Plaintiffs ask this court to extend the ruling of Hansen to allow a cause of action for third persons who are injured by an intoxicated minor against the social host. 55 Darren Mills V Mark Ganderton 56 David Lilley V Andy Hicks ... 60 Dean Reynolds V Andy Lavin 61 Richard Jones V Gary Milne 62 Abid Manzoor V Gerard Greene 63 Andrew Booker V Mark Taylor 64 Kuldesh Johal V Martin Williams 65 Martin McCrudden V Karl Walker 66 Nigel Bond V Ahmed Alhashmi The statute also provides exceptions for alcohol given for medical purposes and for religious services. The majority justifies this result based on the parental/guardian exception to criminal liability for furnishing alcohol to minors, explaining the differences between vendors and social hosts, and relying on policy concerns expressed by this court in Burkhart v. Harrod, 110 Wash.2d 381, 386-87, 755 P.2d 759 (1988). [6] Timothy Reynolds sought damages for physical and mental injuries he sustained as a result of the accident and other damages to be proven at trial. In Purchase, we held that a third person injured by an intoxicated minor has a cause of action in negligence against the commercial vendor who sold the alcohol to the minor in violation of RCW 66.44.320. Plaintiff Timmy Reynolds, his wife JoDee, and children Matthew, Andrew, and Weslee originally sued Steven Hicks, his sister Dianne, and Does I through V in October, 1990. In addition to the exceptions to liability under RCW 66.44.270, the Legislature has given other indications of its intent to treat social hosts differently than commercial vendors. Purchase, 108 Wash.2d at 228, 737 P.2d 661. ', engraving by Hicks, London, ca. The issue of parental liability is not before us. Hansen, 118 Wash.2d at 483, 824 P.2d 483. The majority also creates the strained result of different civil liability for the person committing the crime of furnishing alcohol to a minor, depending on whether the minor or an innocent bystander is consequently injured. See Hansen, 118 Wash.2d at 485, 824 P.2d 483. See id. ca. The majority bolsters its conclusion that RCW 66.44.270 was not designed to protect third parties by highlighting the exception contained in the statute. See Davis v. Billy's Con-Teena, Inc., 284 Or. We disagree. To expect Jamie and Anna Hicks, on their wedding day, to monitor their minor guests alcohol consumption in the same manner as we expect of an alcohol vendor is unrealistic and has far reaching social implications. Yes, if that's what it takes. 1. CitationReynolds v. Hicks, 951 P.2d 761, 134 Wn.2d 491, 1998 Wash. LEXIS 83 (Wash. Feb. 26, 1998) Brief Fact Summary. In reaching this decision, we found RCW 66.44.320, which proscribes selling alcohol to a minor, imposes a duty owed not to minors alone, but to members of the general public as well. In conclusion, we decline to extend social host liability to third persons injured by intoxicated minors. You can access the new platform at https://opencasebook.org. Thus, the court concluded that the injured third person was not a member of the class of persons RCW 66.44.270 was designed to protect. Case Summaries. A vendor owes a duty to third parties, whereas a social host does not. Hansen, 118 Wash.2d at 482, 824 P.2d 483. See RCW 66.44.270(4), (5). The wedding was followed by a dinner reception where wine and champagne were served. Should social hosts have to "card" guests before serving them alcohol? This means you can view content but cannot create content. Helsell, Fetterman, Martin, Todd & Hokanson, Patricia Anderson, Lish Whitson, Seattle, for Respondent. Id. This case dramatically highlights the concerns expressed above. Under RCW 66.44.270, it is a criminal act for any person, including a social host, to furnish liquor to a minor. Plaintiff Timmy Reynolds, his wife JoDee, and children Matthew, Andrew, and Weslee originally sued Steven Hicks, his sister Dianne, and Does I through V 1 in October, 1990. [3] Additionally, expanding the protected class would lead to an illogical result whereby a person who did not violate RCW 66.44.270 would then be liable in negligence pursuant to the same statute. Timmy R. REYNOLDS, JoDee Reynolds, and JoDee Reynolds as Guardian ad Litem for Matthew Reynolds, Andrew Reynolds, and Weslee Reynolds, Appellants, v. While liability for commercial providers affects only a narrow slice of our populations, social host liability would touch most adults in the state on a frequent basis. Plaintiff appealed. 2 . Subsequently, Judge Richard D. Eadie entered an order granting Defendants' second motion and all claims were dismissed against Jamie and Anna Hicks. Summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. 7. at 478, 824 P.2d 483. At issue is whether the Defendant social hosts who furnished alcohol to a minor owe a duty of care to third persons injured by the intoxicated minor. If the vendor completes this step the vendor is immune from any criminal or civil liability regarding the sale of alcohol to the minor. Ultimate liability also cannot be found without affirmative findings regarding the remaining three elements of negligence, namely breach of the duty, resulting injury, and proximate cause. This court has clearly recognized where the Legislature has made it a criminal offense to furnish alcohol to a minor, that minor has a civil cause of action. When reviewing a summary judgment order, an appellate court engages in the same inquiry as the trial court. Thus, we have not allowed a cause of action against social hosts to the extent that we have recognized commercial vendor liability. Reynolds (Plaintiff) sued the Hickses (Defendants) for serving alcohol to their minor nephew who then injured Plaintiff in an automobile accident. 632, 638, 485 P.2d 18, 53 A.L.R.3d 1276 (1971). We have shown you the names of family groups represented and the material Mrs. Hicks presents . The Court of Appeals in Mills v. Estate of Schwartz, 44 Wash.App. CLP records indicate that the Hoover franchise was suffering from 470% turnover and was substantially under-staffed. at 482, 824 P.2d 483. at 585, 722 P.2d 1363. (Johnson, J.) The record before us reveals four specific instances where the school district denied Reynolds promotions. Although Steven Hicks stated that he helped himself to drinks left unattended at an "open bar," Jamie and Anna Hicks claim that the bar was hosted at all times, that guests were not allowed to serve themselves, and that alcoholic and non-alcoholic beverages were served in different cups. Reynolds, Joshua (Sir), born 1723 - died 1792 (Artist) Hicks, R. (Engravers) Jackson, Peter (Publishers) Materials and Techniques. Print 'Richard Brinsley Sheridan Esq. 134 Wash2d 491, 951 P2d 761, 951 P2d 761, Jurisdiction: Moreover, a person in the business of selling and serving alcohol is usually better organized to control patrons, and has the financial wherewithal to do so.... Additionally, the implications of social host liability are so much more wide sweeping and unpredictable in nature than are the implications of commercial host liability. The majority holds a social host who furnishes alcohol to a minor, in violation of a criminal statute, does not owe a duty of care to third persons injured by that intoxicated minor. How to be Happy :These teachings have changed my life. Applying the Restatement test, the court observed that the statute prohibits persons from giving alcohol to a minor and since Hansen was a minor who was furnished alcohol, he fell within the statute's protected class. We are locally owned and family operated company, currently servicing the Portland Metro area. Get free access to the complete judgment in REYNOLDS v. CLP CORP on CaseMine. Their under-age nephew drank alcohol at the party and then got into an automobile accident, injuring Plaintiff. Reynolds v. Hicks Washington Supreme Court 1998 Prepared by Dirk Facts:-Stephen Hicks, a nephew of Jamie and Anna Hicks and a minor, got drunk at the couples’ wedding, and upon leaving had an accident with plaintiff, Reynolds.-Steven and Dianne (it was his sister’s car) settled with the Reynolds. Thank you. Social hosts are not equipped to monitor the alcohol consumption of their guests. A third party who is injured by an intoxicated minor may not sue the social hosts who provided the alcohol to the minor under the statute making such provision of alcohol to minors illegal. 636, 640, 705 P.2d 806 (1985); Northside Auto Serv., Inc. v. Consumers United Ins. Commercial vendors have proprietary and financial motives for serving alcohol and are therefore held to a higher standard of supervision. This exception, the court stated, indicates that the statute was not designed for the protection of third persons. Adults do not have a cause of action against a social host. V. Hicks Contracting LLC. Reynolds v. Hicks 1998 Venue: WA SC Facts: The Hickses get married, and it's a big party, with 300 people there. Paragraph V provides that Mr. Hicks "further agrees to pay child support at the rate of One Hundred ($100.00) Dollars per month for each child during the minority of said child." Place of Origin. A third party injured by an intoxicated minor should be able to maintain an action against the social host when this duty is breached and the injuries are proximately caused by the breach. Recognizing an expanded duty to protect third persons raises problematic questions for social hosts in all contexts. Reynolds asserted that Hicks had previously disclosed during a management meeting that Hicks had ways of getting rid of CLP's unwanted employees. Alfredo Valente Hicks, Alfredo J Xlius and Alfredo V Hicks are some of the alias or nicknames that Alfredo has used. The Hansen court, by its express language, created a limited cause of action for minors injured by their own intoxication against their social host. Judge Bates reserved the second claim for consideration. Hansen, 118 Wash.2d at 482, 824 P.2d 483. 502 REYNOLDS v. HICKS Feb. 1998 134 Wn.2d 491, 951 P.2d 761. The court applied the Restatement test and found that RCW 66.44.270 was designed "to protect minors from injuries resulting from their abuse of alcoholic beverages, not to protect third parties injured by intoxicated minors." Kelly, 127 Wash.2d at 39-40, 896 P.2d 1245. First, in 1989, Reynolds applied to become a middle school assistant principal.1 Reynolds interviewed for the position and was placed into a pool out of which principalship vacancies would be filled. Costs under CR 68, however, are awarded when a judgment finally obtained is [767] not more favorable than an offer, and, in this case the record does not reflect that any settlement offer was made. sanctions,” Hicks ex Must the host assure that a minor has not brought outside alcohol to the gathering? Phone Number: (251) 656-BAYR +5 phones. (Madsen, J.) Plaintiffs argue that our ruling in Purchase requires that the protected class of RCW 66.44.270 also be expanded to included third persons injured by an intoxicated minor. Contacts (9) Locations (5) Family (3) Social (58) RCW 5.40.050. Jamie and Anna Hicks were married on September 10, 1988, at St. Bernadette Church in Seattle. Both Steven Hicks and Timothy Reynolds registered blood alcohol levels of .17 percent. The general prohibition against serving alcohol to minors does not apply to parents. Defendants argue that they are entitled to reasonable attorneys fees as the prevailing party pursuant to RCW 4.84.250 and costs pursuant to CR 68. at 481, 824 P.2d 483. First, they sought a dismissal arguing that Washington law does not extend social host liability for furnishing alcohol to a minor to third persons injured by the intoxicated minor. See McDonnell Douglas, 411 U.S. at 802; see also St. Mary’s Honor Ctr. 343, 704 P.2d 1193 (1985). Alana also answers to Alana J Hicks, Alana J Reynolds, Alana J Reynolds Hicks, Alana J Reynolds-hicks and Alana Jenine Reynolds Hicks… . Only the minor who was injured as a result of the violation of the statute may sue the hosts for providing him alcohol. See RCW 4.84.270. In this case the Plaintiffs did not seek an award of $10,000 or less. Our ruling in Hansen, as stated above, allowed a limited cause of action for a minor to recover for his or her alcohol related injuries. 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