This section contains the nature of the case and procedural background.

While intoxicated, Scott Hays drove and wrecked a company van. On the day of the accident, Hays drove the company van to a bar, where he became intoxicated. The accident occurred on his way home from the bar. Hays died in the accident, but no other person and no other vehicle was involved. The van was owned and/or controlled by D and Royer Hays Funeral Services, LLC (D). Hays worked for Royer and was a part-owner of Royer Hays Funeral Services. Ps filed a wrongful death claim against D, alleging that D had negligently entrusted the van to Scott Hays. Ps alleged that D knew or should have known that Hays was an unsafe driver in that he was habitually intoxicated. Ps alleged that D knew or should have known that Hays was an unsafe driver in that he was habitually intoxicated. D had 'meetings, discussions, and conferences' regarding Hays's drinking problem. In the past, D's employees had had to wake Hays after he had passed out from intoxication. D knew that Hays had received inpatient treatment for alcoholism, but that the treatment had not cured him. D knew that Hays had drunk beer at work and had driven the company van after drinking. D knew that Scott Hays 'would habitually keep and consume alcohol while operating' the company van. D filed a motion to dismiss, claiming that under Missouri law, there is no duty to protect an adult from his own voluntary consumption of alcohol. The circuit court granted the motion.

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