Social Hosts Held To Not Have Duty to Control Manner in Which Intoxicated Guest Drives Off Their Premises

In the Court of Appeals decision Martino v. Stolzman, 2012 WL 488098, 2012 N.Y. Slip Op. 01145 (February 16, 2012), the defendant attended a New Year’s Eve party at a friend’s home where he consumed alcohol. At approximately 12:30 A.M., the defendant left the party and got into his truck, with another party guest in the passenger seat. The defendant backed his truck out of the home’s driveway onto the main road and collided with an oncoming vehicle driven by the plaintiff. Following the motor vehicle accident, a test revealed that the defendant had a blood alcohol content … Read the rest

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