Question

Donald and Gloria Bowden hosted a cookout at their home in South Carolina, inviting mostly business acquaintances. Justin Parks, who was nineteen years old, attended the party. Alcoholic beverages were available to all of the guests, even those who, like Parks, were between the ages of eighteen and twenty-one. Parks consumed alcohol at the party and left with other guests. One of these guests detained Parks at the guest’s home to give Parks time to “sober up.” Parks then drove himself from this guest’s home and was killed in a one-car accident. At the time of death, he had a blood alcohol content of 0.291 percent, which exceeded the state’s limit for driving a motor vehicle. Linda Marcum, Parks’s mother, filed a suit in a South Carolina state court against the Bowdens and others, alleging that they were negligent. Answer using IRAC.

Answer 1

Issue-

Were Host of the party Bowden negligent?

Were Bowden were responsible for death of Justin Parks?

Rule-

Yes, Under the law, Negligence is the act in which party breach thier duty of care and cause harm to other party. Negligence is the civil wrong in the eyes of the court.

Analysis-

As Host, Bowden had a duty of care towards all of their guest especially Justin parks who was young like 19 years old. Bowden should not have let Justin to drink too much alocohol. They should have measure that only business people and acquaintances are allowed to drink not young guest at the party. On top of that, They should not let Justin park to drive when they find that he is druk. As reasonable person or guest, They should have call his parents or let sober person to drive him home. They breached their duty of care towards justin. The breach caused his death.

Conclusion-

Decision will be against Bowdens and Linda Marcum will win the case.