The case of Lutter v Smithson arises from a fatal collision following a 19th birthday party. An impaired guest drove away from the party and caused a crash that killed a taxi driver and injured his passenger. The party hosts asked the court for a summary judgment dismissing all claims against them.
Circumstances of the Collision
Glen and Tralee Mazu's daughter Brianne held a 19th birthday party with their consent on family property. Guests were required to bring their own liquor if they wanted to drink it.
A minor guest, Dallas Smithson, became very drunk and eventually drove away from the party in a borrowed vehicle. He collided with a taxi, killing the taxi driver and injuring the passenger, Jeremy Lutter.
Concerns for Party Hosts
- Duty of Care: Social hosts providing alcohol to guests (especially minors or visibly intoxicated adults) owe a duty of care to prevent foreseeable harm.
- Key Factors for Liability: A host could be liable if they served alcohol to someone they knew was drunk, and that person then caused an accident.
- Reasonable Steps: Hosts must take reasonable steps to prevent accidents, such as taking keys or arranging a safe ride home, but aren't expected to be perfect or monitor every drink.
Liability for the Party Hosts
Lutter took legal action against Smithson, the Mazus as the party hosts and others for damages arising from the collision. Mr. and Mrs. Mazu applied to the court to have the action against them dismissed.
The other parties opposed the dismissal saying that the evidence demonstrates that the Mazus, as party hosts, owed a duty of care to users of the road which they breached by allowing Mr. Smithson to drive away from the party knowing that he was impaired.
The Court's Decision
Mr. Justice Macaulay agreed with the others and refused to dismiss the action against the party hosts. The trial to determine liability for all involved can proceed.
A search of Supreme Court decisions does not reveal any other actions involving the people in this incident. It is likely that a settlement was reached without further litigation.
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