230 Conn.App. 130
Conn. App. Ct.2025Background
- The case involves the estate of Luke M. Roux, whose representatives sued Live Nation Worldwide, Inc. after Roux died in a car crash caused by an intoxicated concertgoer, Jacob Coffey, who had consumed alcohol at a Live Nation event.
- Plaintiffs alleged Live Nation permitted tailgating in the concert parking lot, knew about excessive alcohol consumption, denied entry to a visibly intoxicated Coffey, and failed to prevent him from driving away.
- Plaintiffs sought damages for negligence and public nuisance under Connecticut's wrongful death statute, arguing Live Nation's actions increased the risk of harm.
- The trial court granted Live Nation's motion to strike all counts against it, finding Connecticut Supreme Court precedent (Demond v. Project Service, LLC) precluded liability in such circumstances.
- On appeal, plaintiffs contended Demond was distinguishable because Live Nation had direct contact with Coffey and took actions that increased the risk.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Negligence—Duty to prevent off-premises harm by intoxicated guest | Live Nation's actions created a duty to foreseeable victims like Roux | No duty for premises owner to prevent harm caused off-premises | No duty; Demond controls; motion to strike properly granted |
| Negligence—Voluntarily assuming a duty | Duty arose by responding inadequately to Coffey's intoxication | No special duty assumed; Demond applies | No special duty triggered; Demond applies |
| Public nuisance—Alcohol-related injury off premises | Tailgating created an unreasonable land use that endangered public | No causation; proximate cause is the driver’s own intoxication | No proximate cause; Demond and settled law preclude claim |
| Sufficiency of complaint under existing Connecticut law | Demond should not bar claims based on these facts | Demond is binding and dispositive | Demond is binding; complaint legally insufficient |
Key Cases Cited
- Demond v. Project Service, LLC, 331 Conn. 816 (Conn. 2019) (holding property owners generally owe no duty to prevent harm caused by intoxicated adults who leave their premises and cause injuries off-site, and established public policy precludes such liability).
- Quinnett v. Newman, 213 Conn. 343 (Conn. 1990) (established that proximate cause for drunk driving accidents lies with the intoxicated driver, not those who may have contributed indirectly).
- Craig v. Driscoll, 262 Conn. 312 (Conn. 2003) (recognized a common-law negligence action for providing alcohol to an intoxicated person, but later effectively abrogated by statute).