Shinn v. Allen

984 S.W.2d 308 (1998)

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Nature of the Case

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Facts

A vehicle driven by Faggard, in which D was a passenger, collided with a vehicle driven by Robert Shinn, P's husband. Robert was killed in the accident, and P was seriously injured. On the day of the accident, Faggard picked D up to go and 'hang out.' D and Faggard were acquaintances, and both were under 21 years of age. An hour before the accident, Faggard decided to buy some beer. Faggard and D went to the convenience store where Faggard bought a twelve-pack of beer. D did not pay for the beer or arrange for the purchase of the beer. Faggard and D went to Faggard's house and talked and drank the beer. D consumed four or five beers, and Faggard consumed six or seven. D asked Faggard to take him home because his parents wanted him home by 7:00 p.m. to eat dinner. During the ride home, D did not think Faggard was speeding. The collision occurred. P sued D claiming that D had substantially assisted or encouraged an intoxicated Faggard to drive. D moved for summary judgment claiming he owed no duty to P. The motion was granted. P appealed under concert-of-action theory of liability.