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Torts Keyed to Prosser
Kelly v. Gwinnell
Facts
Two of the Defendants were Zak and Gwinell (Defendants). Gwinnell drove Zak to Zak’s home, where Gwinell consumed alcoholic beverages. Zak walked Gwinnell to his car, where he chatted with him and watched him drive off. On his way home, Gwinnell was involved in a head on collision with the Plaintiff, Kelly (Plaintiff), who was seriously injured. Plaintiff sued the Defendants. The trial court granted Zak’s motion for summary judgment, ruling as a matter of law that a host is not liable for the negligence of an adult social guest who has become intoxicated at the guest’s house. The appellate court affirmed.
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ProfessorMelissa A. Hale
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13m 43s