Hernandez V. Arizona Board of Regents

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

Info iconThis 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?
Background 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

This note was uploaded on 06/05/2011 for the course ACCT 323 taught by Professor Eubanks during the Spring '11 term at Athens University of Econ and Bus.

Ask a homework question - tutors are online