Alms v. Baum

Facts

Children's Oncology Services owned and operated a children's cancer summer camp, 'One Step At A Time Camp.' Children's Oncology Services changed its name to the Ronald McDonald House (D). House (D) conducted an orientation weekend for camp workers before the actual start of summer camp. Attendance at the orientation weekend was mandatory for administration staff, camp leaders, and counselors. Attendance at the Friday night meeting was mandatory for camp leaders. Camp leaders could leave the camp on Friday night and return the following morning. There was no written policy or rule that prohibited camp leaders from drinking alcohol after the Friday night meeting. Berger, Baum, and Delanty served as camp leaders. Camp leaders were unpaid volunteers but would be reimbursed for traveling expenses that they incurred during the camp. When the meeting ended around 9:30 p.m., a group of people who attended the meeting, which included Berger, Baum, and Delanty, decided to go to a local establishment called the Keg Room. Going out as a group to the Keg Room or some other local establishment after the Friday night meeting had been a regular practice for years. It was also common for camp business to be discussed during these times. Delanty brought materials from the camp with her to the Keg Room and worked on camp business while there. Baum and Berger did not bring any materials from camp to work on. Baum and Berger watched a basketball game on television and socialized while they were at the Keg Room. Baum offered to drive the three back to camp. Delanty sat on Berger's lap in the passenger seat. Baum who had drank five beers while at the Keg Room, lost control of the car and had an accident. Berger died. Alms (P), independent administrator for Berger, and Delanty (P) filed suit against Baum (D) and House (D). House (D) filed a motion for summary judgment, which was granted. Ps appealed.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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