This case looks at host liability for a crash on Saltspring Island following a party at the home of Stephen and Lidia Pearson. Ryan Plambeck drove after leaving the party, left the roadway and crashed into the woods. He was killed and Calder McCormick, a passenger in the vehicle was seriously injured.
The Party
Elise Pearson wanted to hold a birthday party for a friend. Her mother agreed on the condition that there would be no drinking and driving. The keys were to be taken from those who attended by driving and parents would be expected to pick them up by 1:00 am.
Ryan and Calder both attended the party and consumed alcohol. The Pearsons checked the party occasionally and did not find anything that worried them.
At the party's end the pair left to go to another home. Mrs. Pearson said that Ryan seemed fine to her.
The Crash
Sometime after leaving the Pearson residence, Ryan and Calder ended up in a stolen Subaru with Ryan driving. He tried to travel around a corner at a speed in excess of the critical curve speed and crashed killing himself. Calder was ejected from the vehicle and seriously injured.
Although under the influence of alcohol, Chief Justice Hinkson found that Ryan was not intoxicated at the time of the crash.
The Host Liability Action
After the crash, Calder McCormick began a legal action for damages against the Pearsons.
The plaintiff contends that the Pearsons owed him a duty of care, and that they breached that duty of care by allowing him to become intoxicated on their property, and failing to stop him from leaving their property in that state.
This judgment explores the subject of host liability. Even though Mr. and Mrs. Pearson were ultimately found not to be liable for the collision, it is worth reading this to understand what you need to do in order to protect everyone involved in an event where intoxicants of any sort are consumed.
The Justice said that had he not dismissed the claim, liability for it would have amounted to over $5.8 million.
Learn More
Share This Article
- Log in to post comments