Marcus v. Staubs

736 S.E.2d 360 (2012)

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Nature of the Case

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Facts

Samantha Staubs (P) and her friend, 15-year-old Kelly Mazur called 18-year-old Marcus (D) and requested a ride to meet Misty and Samantha's sister, Jessica (P), near the home of 14-year-old Adrian Villalobos (hereinafter 'Adrian'), where they intended to meet others for a party. D picked up Kelly and Samantha in his truck; he was accompanied by 26-year-old Steven Woodward (hereinafter 'Woodward') and his younger brother, with whom he had just been to a movie. D then drove across the West Virginia/Virginia line to a convenience store so Woodward could purchase alcohol. Woodward testified that D asked him if he would also buy alcohol for the girls and that he refused. Samantha gave Woodward ten to fifteen dollars. Woodward testified that the money was for cigarettes, having refused to buy the girls alcohol. Kelly testified that the money was for 'Hurricane' brand malt liquor. Woodward alone went into the store and purchased four, forty-ounce containers of 'Hurricane' brand malt liquor. It is undisputed that D did not exit the vehicle or purchase any alcohol. D then drove Kelly and Samantha to meet Misty and Jessica. Woodward and D claim that Ps stole the alcohol when they exited the car. Kelly, Jessica, and Adrian disputed this contention and testified that Woodward gave the bag containing the alcohol to them. The girls began drinking the alcohol, as well as vodka from Adrian's house. When Adrian's parents returned home, they indicated that the girls could not stay the night. Misty and Samantha began calling friends to find someone to give them a ride to another location. Finding no one available to pick them up, Misty and Samantha left Adrian's house stating they were going to steal a car. They returned minutes later with a truck they stole from a neighbor. They retrieved Kelly and Jessica and minutes later they hit an embankment. Samantha was killed; Jessica sustained a head injury. Woodward was charged with eight counts of contributing to the delinquency of a minor and pled guilty to one count. D was not charged with any crime. P filed suit as the mother and next friend of Jessica Staubs (P) and as Administratrix of the Estate of Samantha Staubs against D and others. D defaulted. D then moved for summary. The court found that D was prima facie negligent; that by refusing to pick the girls up later in the evening at their request, he was guilty of common law negligence; that his negligence was a proximate cause of the accident; that Misty's actions in stealing the vehicle, driving without a license, and driving intoxicated were not intervening causes; that by imposing liability on petitioner, the court was not imposing 'social host' liability, as argued by petitioner; that Jessica Staubs P, as a 13-year-old, was not guilty of contributory negligence; and F was liable to P. D appealed