X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

This is an appeal from the dismissal of appellants’ negligence suit. Appellants Jennifer Carter and Eleanor Draughn were stabbed at a party by Dustin McManus, a companion of appellees Ramzi Abbyad, Jason Nuckolls, and Travis McLemore. The stabbing victims and their parents–Bonnie Carter, Scott Carter, Andrew Draughn, and Susan Draughn*fn1–argue that they have alleged facts that, if proven, would demonstrate that appellees owed them a duty of care to have prevented the drug-addled and threatening McManus from coming into contact with unsuspecting guests at a party that the appellees attended. Appellees contend that the trial court correctly determined that the companions of an individual under the influence of behavior-altering drugs had no duty, based on the circumstances as alleged in this case, to protect others from that individual. Guided by case law constraining the recognition of legal duties to control the actions of others, we affirm.

This case was dismissed based on the pleadings. Consequently, the following description of events underlying this case is drawn from appellants’ allegations in their petition. While at the home of former co-defendant Tyler Hunkin, appellees provided McManus with and/or watched him consume excessive amounts of illegal drugs including marijuana and hallucinogenic mushrooms in celebration of McManus’s completion of a probation term. It is alleged that appellees knew that McManus consumed more than three times the “normal dose” of hallucinogenic mushrooms and knew that he had a knife. Appellants also assert that appellees knew that McManus’s behavior grew more bizarre, threatening, and unpredictable as time passed, that he was having a “bad trip,” and that he was a danger to himself and others. Appellants also allege that appellees were under the influence of illegal drugs and alcohol as well.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.


Learn More
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More

We are seeking an attorney with a minimum of four years of experience in transactional work to join our well-established, nationally renowne...


Apply Now ›

The Insurance Adjustment Bureau, Inc., Plymouth Meeting, PA, a respected industry leader seeks an attorney with a minimum of 3-7 years exper...


Apply Now ›

McDermott Law, LLC, a boutique Plaintiffs-focused firm located in the Denver Tech Center, has an opening for a full-time associate attorney....


Apply Now ›