Torts Keyed to Dobbs
Wakulich v. Mraz
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Michael and Brian Mraz, 21 and 18 years old, provided a quart of Goldschlager alcohol to 16-year-old Elizabeth Wakulich and offered her money as a prize if she could drink the entire bottle without losing consciousness or vomiting. After drinking the entire bottle, Elizabeth lost consciousness. According to the complaint, the boys put her in the downstairs family room where they observed her vomiting profusely and making gurgling sounds. They later checked on her and removed her vomit-soaked blouse and put a pillow under her head to prevent aspiration. They did not seek medical attention and prevented others from calling 911 or seeking medical attention. Later their father ordered she be removed from the home, so they took her to a friend’s home then to the hospital where she was pronounced dead. The complaint was dismissed on the ground that Illinois case law eliminated liability of social hosts for providing alcohol. Plaintiff, however, appealed on the ground that the complaint stated sufficient facts to establish a cause of action based on defendants’ failure to exercise due care after voluntarily undertaking to care for plaintiff’s decedent after she became unconscious. The court of appeals agreed.
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