NANCY DAVIS, ET AL. v. LINDA STAPF, ET AL.
No. 2533
IN THE COURT OF SPECIAL APPEALS OF MARYLAND
September Term, 2013 Filed: August 26, 2015
Krauser, C.J., Graeff, Nazarian, JJ.
REPORTED Opinion by Graeff, J. Concurring opinion by Nazarian, J.
On November 28, 2009, 17-year-old Steven Dankos was drinking at a party. He was killed when the truck in which he was riding, driven by another intoxicated partygoer, crashed. Nancy Davis, individually, as Mother and Next Friend of Steven Dankos, decedent, and as Personal Representative of the Estate of Steven Dankos, appellants (collectively “Ms. Davis“), filed suit against Linda Stapf, appellee, in the Circuit Court for Howard County.
Ms. Stapf filed a motion to dismiss the complaint, arguing that she owed no duty of care to Steven under Maryland law, and therefore, the complaint failed to state a claim upon which relief could be granted. After a hearing, the court granted Ms. Stapf‘s motion to dismiss.
On appeal, Ms. Davis presents three questions for our review, which we have consolidated and rephrased, as follows:
- Did Ms. Stapf have a statutory duty to Steven pursuant to
CL § 10-117(b) , which prohibits adult property owners from allowing minors to consume alcoholic beverages on their premises? - Did Ms. Stapf have a duty of care to Steven based on a special relationship that was created when she hosted an underage drinking party on her property and knowingly permitted Steven to consume alcohol?
- Did Ms. Stapf assume a duty to prevent harm to Steven, where she knew he and other minors were consuming alcohol on her property,
exercised control over the people who were present at her house, and controlled the flow of alcohol?
For the reasons set forth below, we shall affirm the judgment of the circuit court.
FACTUAL AND PROCEDURAL BACKGROUND
Because this appeal involves the propriety of the circuit court‘s ruling granting a motion to dismiss, we look to the facts alleged in the complaint. The facts alleged in Ms. Davis’ first amended complaint are as follows.
In 2009, Steven was a senior at River Hill High School in Clarksville, Maryland, where he played on the football team. Ms. Stapf had a son, Kevin, then 19 years old, who had attended River Hill. Ms. Stapf‘s residence was known among River Hill students as a “party house,” due to Ms. Stapf‘s willingness to “permit and condone underage drinking.” With Ms. Stapf‘s approval, express or tacit, her residence was used “virtually every weekend” for parties where alcohol was consumed by underage persons.
On November 28, 2009, a party was held at Ms. Stapf‘s residence. Two days prior to the party, Ms. Stapf purchased approximately $115 worth of alcohol. Kevin also illegally purchased alcohol. The alcohol was kept, maintained, and cooled in Ms. Stapf‘s garage.
At approximately 10:00 p.m., Ms. Stapf, who had been next door, returned to her residence. At that time, there were approximately 20 vehicles parked in her driveway and on the street adjacent to her house. Several young people were walking down the street to her house, and there was a large crowd of people on her property congregating in the garage.
Ms. Stapf requested that one of Kevin‘s friends move her truck to block the driveway to discourage additional people from parking in the driveway. As a result of Ms. Stapf‘s intervention, a number of people left the party, and a smaller group of Kevin‘s friends and acquaintances stayed in the garage, with Ms. Stapf‘s permission.
Ms. Stapf, who appeared at least four times at the garage party, observed numerous underage individuals drinking alcohol. Despite her actual knowledge that underage persons were consuming alcohol at her house, and her ability to control, prohibit, and limit the consumption of alcohol at her residence, Ms. Stapf did not tell anyone to stop drinking alcohol, nor did she take any steps to prevent intoxication.
While the party continued in the garage, Ms. Stapf played solitaire in the kitchen, in close proximity to the garage. At approximately 1:30 a.m., Ms. Stapf asked that the music be turned down. At some point in the early morning hours, Kelsey Erdman, Mr. Erdman‘s younger sister, came into the kitchen and told Ms. Stapf that she was concerned about Mr. Erdman driving his truck home. She stated that Mr. Erdman was embarrassing her, and she asked Ms. Stapf if she should drive him home. Ms. Stapf had seen Mr. Erdman consume
Ms. Stapf knew that Steven, Mr. Erdman, and Mr. Erdman‘s 18-year-old brother, Thomas Erdman, consumed alcohol at her residence and were intoxicated as a result. She observed that Steven and Thomas were “not right, tired, like drunk.” Ms. Stapf knew or should have known that, by the early morning hours of November 28, Mr. Erdman was so intoxicated that he could not stand without assistance. Nevertheless, she did not call any parent to inform them that their children were illegally consuming alcohol, were intoxicated, and could not drive safely home. She also did not intervene and refuse to permit any intoxicated drivers from leaving her residence by car, despite knowing that they were intoxicated and unable to safely and legally operate a vehicle.
At approximately 2:48 a.m. on November 29, Mr. Erdman left the party with Thomas and Steven. Mr. Erdman drove his parents’ 1994 GMC pickup truck. Thomas sat in the front passenger seat, and Steven rode in the bed of the truck. Shortly after leaving Ms. Stapf‘s residence, Mr. Erdman crashed the truck on Folly Quarter Road. Steven was ejected from the truck and killed. Mr. Erdman‘s blood alcohol concentration at the time of
On October 28, 2010, Ms. Stapf was charged with allowing underage persons to drink alcohol in violation of
On January 20, 2010, Mr. Erdman was charged with, inter alia, committing a homicide with a motor vehicle while under the influence of alcohol. He entered a guilty plea, and the court sentenced him to five years of incarceration, all but 18 months suspended.
On November 27, 2012, Ms. Davis filed the Complaint. On May 22, 2013, she filed the First Amended Complaint. In Count I, social host liability, she alleged that Ms. Stapf, as the host of the party, owed a “duty to ensure that alcohol was consumed with care and refrain from allowing intoxicated persons such as [Mr.] Erdman from continuing to consume alcohol,” and she “also owed a duty to all who travel on the roadways to refrain from allowing intoxicated individuals to drive a vehicle while intoxicated.” Ms. Davis alleged that Ms. Stapf breached this duty when she permitted Mr. Erdman to continue consuming alcohol while he was intoxicated and failed to stop Mr. Erdman from driving, despite knowing that he was unable to drive due to his level of intoxication. As a direct and proximate cause of Ms. Stapf‘s breach of duty, Mr. Erdman crashed the truck, resulting in Steven‘s death.
In Count III, Negligence - Duty to Act, Ms. Davis alleged that Ms. Stapf, standing in loco parentis to Steven and other minors on her property, assumed a duty of care to protect them from harm resulting from her illegal actions, including preventing Steven, who was unable to make informed and intelligent decisions, from riding in the bed of truck driven by
Counts IV and V asserted claims for wrongful death and survival based on Ms. Stapf‘s negligence.
Ms. Stapf moved to dismiss the complaint on four grounds. Specifically, she asserted: (1) “Maryland does not recognize social host liability or dram shop liability“; (2) Ms. Stapf‘s alleged violation of a nonprescriptive criminal statute did not establish tort liability; (3) Ms. Stapf did not stand in loco parentis to Steven; and (4) Ms. Stapf “did not assume a legal duty by permitting a party to occur.”
In Ms. Davis’ opposition, she argued that the court should deny Ms. Stapf‘s motion to dismiss for several reasons. First, she argued that Ms. Stapf owed a duty to protect her underage guests on her property based on a “special relationship” that “existed between her and these guests as the sole authority figure that monitored the actions of the party goers based on the doctrine of in loco parentis.” Second, she asserted that Ms. Stapf owed a duty of care to Steven, a minor, pursuant to
Third, Ms. Davis argued that Ms. Stapf assumed a duty to Steven when she permitted the party to occur in her garage where underage persons were illegally consuming alcohol. She asserted that Ms. Stapf assumed a duty to protect the minors when she monitored the party and permitted the underage drinking.
At the hearing on the motion to dismiss, the parties reiterated the arguments presented in the written filings. Counsel for Ms. Davis, however, did expound on the argument that there was a “special relationship” creating a duty. Counsel stated that the facts supported a basis for the existence of such a relationship, which “[w]e‘ve characterized . . . as in loco parentis relationship, which is one recognized under Maryland law.” Counsel cited Biscan v. Brown, 160 S.W.3d 462 (Tenn. 2005), arguing that the “crux and the nature of the special relationship is one of exercising control” and asserting that Ms. “Stapf owed a duty . . . based on her actions of monitoring the party, exercising judgment and control over who could be there, taking steps to have someone move a vehicle to obstruct the driveway.” Those facts, counsel asserted, “establish[] a special relationship.”
At the conclusion of the hearing, the court made oral findings. With respect to the issue of social host liability, the court reviewed prior cases on this issue and stated that “there
With respect to Count II, the violation of a statute, the court stated that the argument “caught my attention.” It ultimately rejected that argument, however, stating that, in Veytsman v. New York Palace, Inc., 170 Md. App. 104 (2006), this Court held that statutes imposing criminal penalties for serving alcohol to intoxicated people and minors do not create civil liability. The court further found that Steven was not a member of the class of people that
With respect to Count III, which the court stated tracked the in loco parentis argument, the court stated that “the status of in loco parentis arises only when one is willing to assume . . . all the obligations, receive all the benefits associated with one standing as a
But I just don‘t find as it‘s pled here that it creates a situation of in loco parentis or . . . children who show up at a normal after football game season or football or after prom type of party maybe after prom with the understanding was they‘re going to spend the night or something, it may be a different situation. I just don‘t see it here as falling into in loco parentis, so I would dismiss on that basis also.
Finally, the court dismissed Counts IV and V, the wrongful death and the survival action, “under the same logic as the social host argument.” On September 18, 2013, based on its findings, the court issued an order dismissing the counts of Ms. Davis’ First Amended Complaint seeking damages against Ms. Stapf.2
STANDARD OF REVIEW
This Court has explained the standard of review of a trial court‘s order granting a motion to dismiss for failure to state a claim upon which relief could be granted:
“A trial court may grant a motion to dismiss if, when assuming the truth of all well-pled facts and allegations in the complaint and any inferences that may be drawn, and viewing those facts in the light most favorable to the non-moving party, ‘the allegations do not state a cause of action for which relief may be granted.‘” Latty v. St. Joseph‘s Soc‘y of the Sacred Heart, Inc., 198 Md. App. 254, 262-63 (2011) (quoting RRC Northeast, LLC v. BAA Md., Inc., 413 Md. 638, 643 (2010)). The facts set forth in the complaint must be “pleaded with sufficient specificity; bald assertions and conclusory statements by the pleader will not suffice.” RRC, 413 Md. at 644.
“‘We review the grant of a motion to dismiss de novo.‘” Unger v. Berger, 214 Md. App. 426, 432 (2013) (quoting Reichs Ford Road Joint Venture v. State Roads Comm‘n, 388 Md. 500, 509 (2005)). Accord Kumar v. Dhanda, 198 Md. App. 337, 342 (2011) (“We review the court‘s decision to grant the motion to dismiss for legal correctness.“), aff‘d, 426 Md. 185 (2012). We will affirm the circuit court‘s judgment “‘on any ground adequately shown by the record, even one upon which the circuit court has not relied or one that the parties have not raised.‘” Monarc Constr., Inc. v. Aris Corp., 188 Md. App. 377, 385 (2009) (quoting Pope v. Bd. of Sch. Comm‘rs, 106 Md. App. 578, 591 (1995)).
DISCUSSION
Ms. Davis contends that the circuit court erred in granting Ms. Stapf‘s motion to dismiss on the ground that Ms. Stapf owed no duty of care to Steven. She asserts that Ms. Stapf had a duty of care based on: (1) a statutory duty pursuant to
Ms. Stapf contends that Maryland does not recognize a cause of action for social host liability. She asserts that the Maryland appellate courts consistently have held that a mere social host owes a lesser duty to a guest than a liquor licensee owes to a business patron, regardless of the age of the guest or patron, and accordingly, “in light of the recent decision
To prevail on a negligence claim, a plaintiff must show the following elements: “(1) that the defendant was under a duty to protect the plaintiff from injury, (2) that the defendant breached that duty, (3) that the plaintiff suffered actual injury or loss, and (4) that the loss or injury proximately resulted from the defendant‘s breach of the duty.” Warr, 433 Md. at 181 (quoting Valentine v. On Target, Inc., 353 Md. 544, 549 (1999)). The motion to dismiss in this case focused on the first element, the duty of care.
Analysis of whether a defendant owes a plaintiff a duty is a critical first step in a negligence claim; without a legal duty, there can be no conduct that breaches a duty that causes harm. Muthukumarana v. Montgomery County, 370 Md. 447, 457-58 (2002) (“‘[N]egligence is a breach of a duty owed to one, and absent that duty, there can be no negligence.‘“) (quoting Ashburn v. Anne Arundel County, 306 Md. 617, 627 (1986)). “Duty” has been defined as “‘an obligation, to which the law will give recognition and effect, to conform to a particular standard of conduct toward another.‘” Warr, 433 Md. at 181 (quoting Patton v. USA Rugby Football, 381 Md. 627, 636-37 (2004)). The existence of a legal duty generally is a question of law for the court to decide. Veytsman, 170 Md. App. at 114.
I. Dram Shop/Social Host Liability
In assessing whether the circuit court erred in ruling, as a matter of law, that Ms. Davis did not assert a valid cause of action against Ms. Stapf, we begin by noting that we do not write on a clean slate. The Maryland appellate courts repeatedly have held that, under the common law, civil liability does not attach to vendors of alcoholic beverages or social hosts for the torts of inebriated patrons or guests. See, e.g., Warr, 433 Md. at 170; Wright, 131 Md. App. at 470-71.
In Wright, 131 Md. App. at 469, Judge Charles E. Moylan, Jr., writing for this Court, discussed the evolution of the common law in this regard. In that case, 17-year-old Anthony Wright, along with 18-year-old Jason Burch, purchased alcohol from a liquor store. They then drove to the home of another friend, Bobby Foard, where they consumed the alcohol they had purchased. Id. Mr. Wright subsequently drove away and was killed in a crash. Id. Mr. Wright‘s parents filed suit against the defendant owners/operators of the liquor store that had sold him the alcohol, as well as against the parents of Mr. Foard. Id. The circuit court granted motions to dismiss in favor of all defendants. Id.
Apart from statute, the common law knows no right of action against a seller of intoxicating liquors, as such, for ‘causing’ intoxication of the person whose negligent or wilful wrong has caused injury. Human beings, drunk or sober, are responsible for their own torts. The law (apart from statute) recognizes no relation of proximate cause between a sale of liquor and a tort committed by a buyer who has drunk the liquor.
Id. at 254-55. The Court held that the tavern was not responsible for the actions of the intoxicated patron because “‘[t]he common law rule holds the man who drank the liquor liable and considers the act of selling it as too remote to be a proximate cause of an injury caused by the negligent act of the purchaser of the drink.‘” Id. at 255 (quoting Seibel v. Leach, 288 N.W. 774, 775 (Wis. 1939)).
In Wright, Judge Moylan noted that there had been several attempts to change this law, but the Court of Appeals had declined to do so, stating that the determination whether to impose civil liability on vendors of alcoholic beverages for the torts of drunk patrons “clearly impacts on the development of the law relating to the dispensing and consumption of alcoholic beverages, a subject long pervasively regulated by the legislature.” Id. at 473 (quoting Felder v. Butler, 292 Md. 174, 183-84 (1981)). If such a change should be made, it should be done by the General Assembly. Wright, 131 Md. App. at 473. Accord Warr, 433 Md. at 252. After reviewing this history regarding dram shop liability, we held that Mr. Wright‘s parents could not maintain an action against the liquor store. Wright, 131 Md. App. at 476.
The Court next turned to the action against Mr. Foard‘s parents for negligently permitting the deceased to consume alcohol at their residence. Id. at 477. We stated that this Court‘s prior decision in Hebb v. Walker, 73 Md. App. 655 (1988), cert. denied, 312 Md. 601 (1988), was controlling.
The Court in Hebb rejected the argument that the violation of
1)
Md. Ann. Code art. 27, § 400, et seq. , was designed to protect minors against the consumption of alcohol. The evidence was that Holly Walker consumed alcohol at the home of the decedent. The alcohol she drank at Johnson‘s was taken by her into the party; 2) Even if Johnson served or provided alcohol to Ms. Walker, that factor was not the direct cause of the death of [David] Hebb.
Id. at 661. The Court concluded by stating that, if social host liability were to be a valid cause of action, it must be enacted by the legislature.
In Walker, 131 Md. App. at 478, this Court stated that the message in Hebb was clear: “Maryland does not recognize a cause of action for social host liability.” The Court concluded: “Whether such a cause of action is necessary or desirable is, in our democratic scheme of things, a decision for the people themselves to make, speaking through their properly accountable legislative representatives.” Id. at 478.
More recently, in Warr, the Court of Appeals revisited the issue whether a tavern owner could be held liable for the actions of an intoxicated patron. In a four to three opinion, the majority of the Court declined to recognize a cause of action against a commercial vendor who sells alcohol to another person. 433 Md. at 199. The analysis in the majority opinion, however, focused on the duty element of a cause of action for negligence, as opposed to the element of proximate cause.
In Warr, a patron of Dogfish Head Alehouse (the “tavern“) consumed at least 17 drinks and then drove away and struck Mr. Warr‘s vehicle, resulting in injuries to Mr. Warr
The Court began by noting the general rule that “‘there is no duty to control a third person‘s conduct so as to prevent personal harm to another, unless a special relationship exists either between the actor and the third person or between the actor and the person injured.‘” Id. at 183 (quoting Remsburg v. Montgomery, 376 Md. 568, 583 (2003)). It adhered to the principle that “[h]uman beings, drunk or sober, are responsible for their own torts,” id. at 190 (quoting Hatfield, 197 Md. at 254), and it held that a tavern owner does not have a duty of care to members of the general public for harm caused by a patron, absent a “special relationship.” Id. at 183-195. Because the Warrs did not “allege a special relationship between themselves and the owners” of the tavern, the tavern “did not owe a duty to the Warrs, as members of the general public.” Id. at 195, 199.
The Court of Appeals then discussed the Warrs’ argument that, “because there is a criminal statute prohibiting the sale of alcohol to visibly intoxicated persons,” “the tavern owners owed a duty to refuse to serve an intoxicated patron.”5 Id. at 195. In rejecting that
The statutes regulating the sale of alcohol and prohibiting its provision to those visibly intoxicated were enacted “for the protection, health, welfare and safety of the people of this State.”
Maryland Code (1957, 2011 Repl.Vol.), Article 2B, Section 1-101(a)(3) . Our jurisprudence establishes that this general class of individuals is not sufficient to create a tort duty because, “we have always required the statute or ordinance allegedly violated to set forth mandatory acts that are clearly for the protection of a particular class of persons and not merely for the public as a whole.” . . . Thus, the existence of criminal statutes prohibiting the sale of alcohol to intoxicated individuals is not sufficient to support liability in the instant case, because the statute does not identify a particular class of protectees.
Id. at 198-99 (quoting Weitzke v. Chesapeake Conference Ass‘n, 421 Md. 355, 388 (2011)).
II.
Ms. Davis’ Contentions
Ms. Davis acknowledges the above precedent, and she does not argue that Ms. Stapf had a duty to Steven under a theory of common law social host liability.7 She contends, however, that Ms. Stapf had a statutory duty to Steven pursuant to
A.
Statutory Duty
Ms. Davis argues that the general rule against social host liability is not applicable here because, even in the absence of a common law duty, a statute may impose a duty of care on a defendant. This principle, often referred to as “the Statute or Ordinance Rule,” provides that, “where there is an applicable statutory scheme designed to protect a class of persons which includes the plaintiff,” the “defendant’s duty ordinarily ‘is prescribed by the statute’ or ordinance,” and “violation of the statute or ordinance is itself evidence of negligence.” Blackburn Ltd. P’ship v. Paul, 438 Md. 100, 111 (2014) (quoting Brooks v. Lewin Realty III, Inc., 378 Md. 70, 78 (2003)). For civil liability to be imposed on the basis of a statute, a party must show the following:
(a) the violation of a statute or ordinance designed to protect a specific class of persons which includes the plaintiff, and (b) that the violation proximately caused the injury complained of. “Proximate cause is established by determining whether the plaintiff is within the class of persons sought to be protected, and the harm suffered is of a kind which the drafters intended the statute to prevent. * * * It is the existence of this cause and effect relationship that makes the violation of a statute prima facie evidence of negligence.”
Id. at 112 (quoting Brooks, 378 Md. at 79). Accord Warr, 433 Md. at 198.
1.
Protection of a Particular Class of Persons
In Blackburn, 438 Md. at 125, the Court made clear that “the Statute or Ordinance Rule” is limited; it applies only when the statute is designed to protect a particular class of persons and “not merely the public at large.” In that case, three-year-old Christopher suffered a severe brain injury after he nearly drowned in an apartment complex pool. Id. at 104. Christopher’s mother filed suit against the owner of the apartment complex, and others, who argued that they were entitled to summary judgment because, inter alia, Christopher was a trespasser, and therefore, they owed only a limited duty to him. Id. at 105-06. The Court addressed whether, in addition to the limited duty imposed by the common law, petitioners had a duty pursuant to regulations set forth in the Code of Maryland Regulations (“COMAR”) regarding pool barriers. Id. at 118-22.
The Court first looked to see who the regulations were enacted to protect. It concluded that they were enacted to protect the health and safety of individuals at pools, and in particular, the regulations identified a particular class to be protected, i.e., children under the age of five. Id. at 125. Because Christopher was three years old at the time of the accident, he was a member of the protected class. Id. at 126. Accordingly, pursuant to the Statute or Ordinance Rule, because Christopher was a member of the class of persons identified in the regulations, and he allegedly sustained injuries that the statute was intended
In Warr, 433 Md. at 198-99, as indicated, the Court similarly noted that a criminal statute will create a tort duty only if it is enacted for the protection of a particular class of persons. In that case, the Court held that
With that background in mind, we assess Ms. Davis’ argument that the Statute or Ordinance Rule applies here.
(a) Furnishing alcohol. — Except as provided in subsection (c) of this section, a person may not furnish an alcoholic beverage to an individual if:
(1) the person furnishing the alcoholic beverage knows that the individual is under the age of 21 years; and
(2) the alcoholic beverage is furnished for the purpose of consumption by the individual under the age of 21 years.
(b) Allowing possession or consumption of alcohol. — Except as provided in subsection (c) of this section, an adult may not knowingly and willfully allow an individual under the age of 21 years actually to possess or consume an alcoholic beverage at a residence, or within the curtilage of a residence that the adult owns or leases and in which the adult resides.
(c) Exceptions. — (1) The prohibition set forth in subsection (a) of this section does not apply if the person furnishing the alcoholic beverage and the individual to whom the alcoholic beverage is furnished:
(i) are members of the same immediate family, and the alcoholic beverage is furnished and consumed in a private residence or within the curtilage of the residence; or
(ii) are participants in a religious ceremony.
(2) The prohibition set forth in subsection (b) of this section does not apply if the adult allowing the possession or consumption of the alcoholic beverage and the individual under the age of 21 years who possesses or consumes the alcoholic beverage: (i) are members of the same immediate family, and the alcoholic beverage is possessed and consumed in a private residence, or within the curtilage of the residence, of the adult; or
(ii) are participants in a religious ceremony.
An adult who violates
Ms. Davis argues that
The legislative histories leave no doubt about the purpose of this enactment: to protect minors from being served alcohol at homes other than their own. Its enactment was motivated by the prevalence of house parties where adult parents permitted minors to come into their homes and drink alcohol, often resulting in serious injury or death.
Ms. Davis asserts that 17-year-old Steven was within the class of protectees, i.e., individuals under 21 years of age at the home of a unrelated adult.
Ms. Stapf disagrees. She contends that “
In assessing the legislative intent and purpose in enacting
Because the language, however, is not clear and unambiguous regarding the purpose of enacting
The bill file for HB 267 reflects that the 1996 enactment of
The District Court of Appeal of Florida applied a similar analysis in Newsome v. Haffner, 710 So.2d 184 (Fla. Dist. Ct. App. 1998). In that case, the estate of a minor injured by a self-inflicted gunshot wound brought a civil suit against a residential social host. The circuit court dismissed the complaint, ruling that it failed to state a cause of action. The appellate court reversed, holding that a claim for negligence was properly made based upon a violation of the “open house party” statute. This statute made it a crime for an adult having control of a residence to
The court stated that this statute was “clearly designed to protect minors from the harm that could result from the consumption of alcohol or drugs by those who are too immature to appreciate the potential consequences.” Id. It held that, by enacting the statute, “the legislature has therefore imposed a duty of care on social hosts and created a civil cause of action for a statutory violation.” Id. at 186.
Other courts similarly have held that a statute prohibiting furnishing alcoholic beverages to a person under 21 years of age was meant to protect a specific class of persons “against a particular hazard, i.e., the dangerous effects of intoxication of those” under 21. See, e.g., Longstreth v. Gensel, 377 N.W.2d 804, 812-13 (Mich. 1985). Accord Hanson v. Friend, 824 P.2d 483, 456 (Wash. 1992) (statute prohibiting furnishing liquor to any person under 21 years of age, which protects a minor’s health and safety interest from the minor’s own inability to drink responsibly, imposes a duty of care on social hosts not to serve liquor to minors).
Having found that the first prong of the Statute or Ordinance Rule was satisfied, we turn to the second prong of the rule, i.e., that the harm suffered by Steven is the kind that the General Assembly intended the statute to prevent.
2.
Proximate Cause
The second prong of the Statute or Ordinance Rule requires a showing that the violation of the statute was the proximate cause of the injury. As the Court of Appeals has explained:
“Proximate cause is established by determining whether the plaintiff is within the class of persons sought to be protected, and the harm suffered is of a kind which the drafters intended the statute to prevent * * * It is the existence of this cause and effect relationship that makes the violation of a statute prima facie evidence of negligence.”
Blackburn, 438 Md. at 126 (quoting Brooks, 378 Md. at 79). As explained below, we conclude that the harm suffered here is the kind that the drafters intended to prevent.
As indicated, the legislative history shows that the purpose of the statute was to protect minors, who are too immature to handle the affects of alcohol, from danger and risky behavior associated with intoxication. Here, Steven’s intoxication exposed him to danger that, tragically, was fatal. The harm to Steven, which is alleged to have resulted from Steven’s impaired judgment due to intoxication, was the kind that the drafters intended to prevent. As Ms. Davis states in her brief, Steven’s intoxication placed him in a position of unreasonable peril:
Steven was prevented from making an intelligent and informed decision about leaving the party that night. Indeed, had Steven not been intoxicated, he would not have ridden in a truck with a driver that was so intoxicated he could barely stand. He certainly would not have climbed into the back of a pickup truck, fallen asleep, and allowed an intoxicated driver to later drive the truck away
at a high rate of speed while he lay unprotected in the rear of the truck, a position of great peril.
Given our conclusion that Steven was a member of a particular class of persons sought to be protected, the harm suffered was the kind that the drafters of the statute intended to prevent, and that Ms. Davis alleged that Ms. Stapf knew that Steven and other unrelated minors were drinking at her home for non-religious reasons, we concluded that Ms. Davis properly alleged that Ms. Stapf had a duty under
Ordinarily, based on this analysis, we would find that Ms. Davis has set forth a prima facie case of negligence sufficient to prevail against a motion to dismiss and it was for the trier of fact to determine: (1) if Ms. Stapf violated the duty imposed by statute; and (2) if so, whether the violation was a proximate cause of Steven’s injuries. See Pittway Corp. v. Collins, 409 Md. 218, 253 (2009) (“It is well established that, ‘unless the facts admit of but one inference . . . the determination of proximate cause . . . is for the jury.’”) (quoting Caroline v. Reicher, 269 Md. 125, 133 (1973)); Macleary v. Hines, 817 F.2d 1081, 1084-85 (3d Cir. 1987) (whether social host’s conduct was cause of injury, where minor alleged that his impaired condition caused him to create an unreasonable risk of harm to himself by
The Court of Appeals has held, as a matter of law, that “the man who drank the liquor is liable” and the act of providing it is “too remote to be a proximate cause of an injury.” Hatfield, 197 Md. at 255. Accord Warr, 433 Md. at 202-03 (Adkins, J., dissenting) (common law precluding dram shop liability “‘was predicated on the theory that the drinking rather than the serving of alcohol was the proximate cause of intoxication,’” and “‘the chain of legal causation between the negligent serving of an alcoholic beverage and the injury was severed by the customer’s voluntary act in drinking the alcohol.’”) (quoting FRANK A. SLOAN ET AL., DRINKERS, DRIVERS, AND BARTENDERS: BALANCING PRIVATE CHOICES AND PUBLIC ACCOUNTABILITY 118 (2000)); Hebb v. Walker, 73 Md. App. 655, 661 (1988) (providing alcohol to minor driver
One could argue that this precedent, holding that, when dealing with an “ordinary able bodied [person], it is the consumption of alcohol rather than the furnishing thereof, that is the proximate cause of any subsequent damage” is distinguishable when dealing with persons under the age of 21. Given that the General Assembly has determined these persons to be “incompetent to handle the affects of alcohol,” Congini, 470 A.2d at 517, it could be argued that persons under 21 do not qualify as “ordinary able bodied” persons. This Court is not able to make that distinction in this case, however, given that the person served the alcohol in Hatfield was a minor. To the extent such a distinction should be made, it must be made by the Court of Appeals or the General Assembly.
Accordingly, although this Court holds that
B.
Special Relationship
Ms. Davis next argues that Ms. Stapf had a duty of care to Steven based on a “special relationship” she established when she hosted a party at her residence and permitted minors and underage individuals to consume alcohol. She asserts that this duty required Ms. Stapf “to exercise reasonable care to protect Steven and the other minors in her residence from harm,” including “contacting [Ms. Davis] or the other parents of the children at the Stapf house that night.” Ms. Stapf contends that Ms. Davis failed to preserve her claim that there was a “special relationship” because Ms. Davis’ argument in the circuit court was based on the doctrine of in loco parentis.
To be sure, the focus of the complaint was that Ms. Stapf “owed a special duty” because she “stood in an in loco parentis relationship with Steven.” At the hearing on the motion to dismiss, however, counsel for Ms. Davis expounded on the argument, stating that there was a “special relationship,” which “[w]e’ve characterized . . . as in loco parentis relationship, which is one recognized under Maryland law.” Counsel cited Biscan, 160 S.W.3d at 462, which addresses whether an adult allowing a minor to drink alcohol has a duty to the minor based on a special relationship, and he argued that the facts in this case
The general rule is that a person “‘is under no special duty to protect another from . . . acts by a third person, in the absence of statutes, or a special relationship.’” Pace v. State, 425 Md. 145, 156 (2012) (quoting Horridge v. St. Mary’s County Dep’t of Soc. Servs., 382 Md. 170, 183 (2004)). “[T]he creation of a ‘special duty’ by virtue of a ‘special relationship’ can be “established by either (1) the inherent nature of the relationship between the parties; or (2) by one party undertaking to protect or assist the other party, and thus often inducing reliance upon the conduct of the acting party.” Patton v. United States of America Rugby Football, 381 Md. 627, 639 (2004) (quoting Remsburg, 376 Md. at 589-90). With respect to the first prong, the inherent nature of the relationship, a “special relationship” that can give rise to liability for actions of a third party includes: (1) a special relationship between the actor and the third person, “which imposes a duty upon the actor to control the third person’s conduct”; or (2) a special relationship between the actor and the person injured, which creates a duty on the actor to protect the third party. Pendleton v. State, 398 Md. 447, 473 (2007) (quoting Lamb v. Hopkins, 303 Md. 236, 242 (1985)).
Here, Ms. Davis does not assert that Ms. Stapf had a special relationship with Steven. Rather, she asserts that Ms. Stapf had a duty of care to Steven based on her special relationship with him. She asserts that “[a]n adult social host that serve[s], permits, or facilitates the illegal consumption of alcohol on the adult’s property creates a special
In support of her argument that Ms. Stapf had a special relationship with Steven that imposed a duty on her to protect Steven, Ms. Davis cites cases in other jurisdictions that have held that an adult social host had a duty of care to minors who were permitted to drink illegally on their property based on a special relationship between the social host and the minor. For example, in Biscan, 160 S.W.3d at 466-67, 16-year-old Jennifer Biscan was injured in a single-car automobile accident after leaving a party hosted by an adult, Paul Worley, at Worley’s home. Id. In finding that Worley had a special duty to protect minors at the party the Supreme Court of Tennessee stated that, “because of their immaturity and inexperience, a duty may exist towards minors where it might not exist towards adults.” Id. at 480.
The court evaluated several factors – public policy, foreseeability, and means and ability to control the third party – in determining whether Worley had a sufficient relationship to his minor guests, including Biscan, such that he owed her a duty. Id. With respect to public policy, the court found that, because minors generally are prohibited from consuming alcohol, and public policy considerations favor imposing a duty to act for the protection of minors where such a duty might be absent when dealing with adults, that factor weighed in favor of finding a special relationship. Id. at 480-81. With respect to foreseeability, the court concluded that, because it was foreseeable that guests would drink and drive, it also was
The argument presented here, that an adult who knowingly allows an unrelated person under 21 to drink alcohol in his or her home assumes a special relationship with that person that imposes a duty of care, is an intriguing one. We need not, however, resolve the issue because, similar to the previous argument, even if there was a duty, the Court of Appeals has held, as a matter of law, that the drinking is the proximate cause of any subsequent injury,
C.
Assumption Of Duty
Ms. Davis’ final argument is that Ms. Stapf owed Steven a duty of care because she “assumed a duty to protect the minors in her care when she knowingly permitted minors and underage individuals, including Steven, to enter her property and consume large amounts of alcohol in her garage.” In support of her argument, Ms. Davis again cites Biscan for the proposition that, by her affirmative actions of permitting the party to occur in her house and permitting minors to consume “massive amounts of alcohol,” a duty of reasonable care was “triggered.” Moreover, because Ms. Stapf “specifically exercised control over the consumption of alcohol and who was permitted to be on her property,” she owed “these minors a duty of care.”
Ms. Stapf does not dispute the general proposition that, when a person acts for the benefit of another, he must act carefully. She contends, however, that Ms. Stapf’s acquiescence to underage drinking was not an act by which she “assumed a duty of care, and to hold otherwise would abrogate the common law rule that Maryland does not recognize social host liability.”
Here, Ms. Stapf did not affirmatively act to protect Steven from death. Rather, she acquiesced to underage persons drinking alcohol at her home. That acquiescence does not equate to the assumption of duty. For this reason, as well as the lack of proximate cause, as previously discussed, Ms. Davis states no cause of action against Ms. Stapf on this ground.
III.
Conclusion
Precedent precludes a conclusion that Ms. Davis stated a cause of action against Ms. Stapf for negligence. The circuit court properly granted Ms. Stapf’s motion to dismiss the complaint.
JUDGMENT AFFIRMED. COSTS TO BE PAID BY APPELLEES.
NANCY DAVIS, ET AL. v. LINDA STAPF, ET AL.
No. 2533
IN THE COURT OF SPECIAL APPEALS OF MARYLAND
September Term, 2013
Filed: August 26, 2015
Krauser, C.J., Graeff, Nazarian, JJ.
Concurring Opinion by Nazarian, J.
In the dram shop and social host liability cases the majority correctly discusses, the analytical path between a duty and the injury at issue is interrupted by an intervening decision, almost always the drinker’s decision to drive. In Warr v. JMGM Group, LLC, 433 Md. 170 (2013), to cite only the most recent example, the Court of Appeals “decline[d] to impose dram shop liability on Dogfish Head [Alehouse] in the absence of any duty owed to the Warrs,” the survivors of the driver the Alehouse’s customer hit and killed on his way home. Id. at 177. The Court held–reiterated, really–that “[a] tavern owner who provides alcohol to an intoxicated patron does not exercise control over the conduct of the patron, in driving or walking, for example,” and that “regardless of any foreseeability, a duty does not exist to the general public, with respect to harm caused by a third party, absent the existence of a special relationship between the person sued and the injured party or the person sued and the third party.” Id. at 183-84. These principles are nothing new, and our courts have
Unlike the typical dram shop or social host case, however, this case does not fail for lack of a duty. To the contrary, we now have held, and I wholeheartedly agree, that Steven Dankos1 was a member of the class the General Assembly intended
It is not enough, though, just to find a duty. This case fails because Ms. Stapf’s breach of her duty to Steven was not the proximate cause of his death. Instead, the proximate
Notes
Warr v. JMGM Group, LLC, 433 Md. 170, 173 n.1 (2013).The term “dram shop liability” refers to “[c]ivil liability of a commercial seller of alcoholic beverages for personal injury caused by an intoxicated customer.” BLACK‘S LAW DICTIONARY 568 (9th ed. 2009). “Dram shop” is an archaic term for a bar or tavern. BLACK‘S LAW DICTIONARY 567. The term “dram” is an antiquated unit of fluid measurement, equivalent to one eighth of a liquid ounce, used by apothecaries; its use in the phrase “dram shop” was a result of the fact that taverns often sold hard alcohol by the dram.
Id.Shortly after Tiffany and Melanie arrived, “alcoholic beverages were made available and consumed by all of” the minors at the home. Within one hour, Tiffany began to vomit and “became semiconscious.” At that time, “certain guests engaged in nonconsensual sexual acts with Tiffany,” dropped “heavy objects” on her head, and “urinated upon her.” In an effort to conceal Tiffany’s condition, Eric F. and Donte W. dragged her outside of the home through the basement. They “left Tiffany, wearing only a tee shirt, skirt, socks, and shoes, in an area of woods located directly behind the townhome.”
Wright v. Moffitt, 437 A.2d 554, 555 (Del. 1981). Accord Miller v. Gastronomy, Inc., 110 P.3d 144, 147 (Utah Ct. App. 2005).Using similar reasoning (that is, consumption of the alcohol and not the sale thereof is the proximate cause of any resulting injuries), a majority of jurisdictions has determined that a patron who is injured as a result of his voluntary intoxication does not have a cause of action against the tavern operator at common law.