Albert C. Gentry, II v. Nora Day, and Sean Boomquist Nora Day v. Sean R. Bloomquist
22 N.E.3d 710
Ind. Ct. App.2014Background
- Bloomquist hosted a party at his father’s Pittsboro home with no adult supervision present.
- Bloomquist, Nathan Gentry, and Gaddie gave Stamm money to buy a case of beer; Stamm bought it and kept it in his car trunk.
- Beer was consumed by several attendees, including Hubbard, who was intoxicated and under 21 at the time.
- Bloomquist allegedly gave Hubbard permission to drink the beer and was with Hubbard throughout the party.
- Hubbard drove away the next morning, lost control of the vehicle, and Nathan Gentry died in the crash.
- Gentry sued Bloomquist (and others); Bloomquist moved for summary judgment, which the trial court granted; on appeal, the decision was reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Bloomquist furnish alcohol to Hubbard with actual knowledge of intoxication? | Gentry contends Bloomquist was the active means of furnishing. | Bloomquist argues he did not furnish alcohol as a matter of law. | Summary judgment improper; material facts exist for trial. |
| Whether Bloomquist’s conduct could be considered furnishing under the statute and is a genuine issue of material fact? | Evidence supports Bloomquist as active means of furnishing. | Evidence insufficient to prove furnishing as a matter of law. | Issue of furnishing fact-bound; remand for trial. |
Key Cases Cited
- Rauck v. Hawn, 564 N.E.2d 334 (Ind. Ct. App. 1990) (active means concept for furnishing alcohol to intoxicated person)
- Brattain v. Herron, 309 N.E.2d 150 (Ind. App. 1974) (instructive on liability for furnishing alcohol to underage driver)
- Bowling v. Popp, 536 N.E.2d 511 (Ind. Ct. App. 1989) (summary judgment vs. guests who helped themselves to beer; furnishing issues)
- Lather v. Berg, 521 N.E.2d 755 (Ind. Ct. App. 1988) (illustrates furnishing concept under statutes)
- Estate of Cummings by Heck v. PPG Indus., Inc., 651 N.E.2d 305 (Ind. Ct. App. 1995) (civil liability for third-party injuries under furnishing statutes)
