Gushlaw v. Milner
2012 R.I. LEXIS 61
| R.I. | 2012Background
- Clukey (19) invited Milner (20) to a party in Warwick, RI; they planned to travel together in Clukey's car.
- Both consumed seven to eight beers; Milner was intoxicated (BAC 0.162%).
- After a brief party, they returned toward Milner's vehicle, with Milner accompanying Clukey who was also intoxicated.
- Milner later drove at high speed, crossed center line, causing a fatal collision with Johnson; Milner died.
- Plaintiff, Johnson's estate, sued Milner’s estate and others; Clukey remained as sole defendant.
- Superior Court granted summary judgment, holding no duty existed; plaintiff timely appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a duty to prevent an intoxicated passenger from driving exists | Gushlaw asserts a duty under common law to control Milner's drive | Clukey argues no duty under existing law; no special relationship | No duty recognized; judgment upheld |
| Whether a special relationship between Clukey and Milner exists | Special relationship implied by knowledge and control over Milner | No special relationship; absence of custodial control | No special relationship found between Clukey and Milner |
| Whether Clukey gratuitously assumed a duty to Milner or third parties | Assumption of duty could impose liability under §324A | Restatement §324A not adopted; no duty from undertaking | No duty from gratuitous undertaking under Rhode Island law |
| Whether foreseeability converts into a duty | Foreseeable harm from Milner's intoxication supports duty | Foreseeability alone does not create a duty | Foreseeability not alone sufficient to create duty |
| Whether public policy or legislative action precludes imposing such a duty | Judicial duty should fill gap; policy supports designation | Court should defer to Legislature; policy disfavors duty on designated drivers | No duty; court defers to Legislature; designating a driver not imposed |
Key Cases Cited
- Ferreira v. Strack, 652 A.2d 965 (R.I.1995) (social-host liability; importance of legislative policy)
- Martin v. Marciano, 871 A.2d 911 (R.I.2005) (special relationship; underage hosting deviation)
- Willis v. Omar, 954 A.2d 126 (R.I.2008) (no social-host duty absent special relationship)
- Santana v. Rainbow Cleaners, Inc., 969 A.2d 653 (R.I.2009) (special-relationship exception; duty to third person)
- Volpe v. Gallagher, 821 A.2d 699 (R.I.2003) (duty to control where possessors have ability to control)
- Banks v. Bowen's Landing Corp., 522 A.2d 1222 (R.I.1987) (ad hoc duty factors guiding duty analysis)