{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

Hernandez V. Arizona Board of Regents

Hernandez V. Arizona Board of Regents - Holding Trial case...

Info icon This preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
Name: Hernandez V. Arizona Board of Regents Citation: 177 Ariz. 244, 866 P.2d 1330, 1994 Ariz. LEXIS 6 Arizona Supreme Court, 1994 Facts: After leaving the Epsilon Epsilon chapter of Delta Tau Delta fraternity party at the University of Arizona, John Rayner, who was under the age of 21, caused a collision with an auto driven by Ruben Hernandez while driving with a blood alcohol level exceeding the legal limit. Hernandez sued and settled the case with Rayner for his injuries which left him blind, severely brain damaged, and quadriplegic. He also sued the fraternity and other defendants. The trial court granted summary judgment for all defendants and it was affirmed by the court of appeals. Hernandez appealed to the Arizona Supreme Court. Appellant: Hernandez Appellee: Arizona Board of Regents Issue: Did the fraternity and the other defendants have a duty of due care to Hernandez?
Image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: Holding: Trial case reversed and remanded judgment for the Appellant Hernandez. The fraternity and the other defendants had a duty of care to avoid furnishing alcohol to underage consumers. Reasoning: The common law provides: One who supplies [a thing] for the use of another whom the supplies knows or has reason to know to be likely because of his youth, inexperience, or otherwise to use it in a manner involving unreasonable risk of physical harm to himself and others is subject to liability for physical harm resulting to them. The conduct in question violated well-established common-law principles that recognize a duty to avoid furnishing dangerous items to those known to have diminished capacity to use them safely. The Appellees had a duty of care to avoid furnishing alcohol to under aged consumers....
View Full Document

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern