Coleman v. Hines

515 S.E.2d 57 (1999)

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Nature of the Case

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Facts

D was drinking early on the afternoon of the accident when he stopped by to see Ms. Musso at her place of employment. Ms. Musso's employer knew D was drinking when he stopped by. D and Ms. Musso stated that they planned to drink that evening on their way to an engagement party, during the party, and following the party. The employer begged Ms. Musso not to ride with D and repeatedly offered to pick them up at the party and drive them home, no matter how late they stayed at the party. D picked up Ms. Musso later that evening, they went to a convenience store and purchased a 12-pack of beer, which they drank in each other's presence over the evening. D's blood-alcohol content was at least .184, more than twice the legal limit, according to the treating physician. D pled guilty to manslaughter in Musso’s death. P sued D. From the evidence presented, the court found that both Musso and D engaged in willful and wanton conduct, that Musso knowingly assumed the risk of riding in a car driven by an intoxicated D. The court granted summary judgment for D based on Musso’s wanton and willful contributory negligence and D’s negligence as well.