Alcohol by Roman Espejo

Author:Roman Espejo
Language: eng
Format: epub
Publisher: Greenhaven Publishing, LLC

VIEWPOINT 9

“For there to be a substantial step in pursuit of the alleged undertaking, there must have been some affirmative action taken in an attempt to prohibit possession and consumption of alcohol"

Parents May Not Be Liable When Minors Drink in Their Homes

The Illinois Supreme Court's Decision

Lloyd A. Karmeier

In 2006, eighteen-year-old Daniel Bell drove drunk after leaving a party at Jonathan Hutsell’s family home and crashed, killing himself and his passenger. Jonathan’s parents, Jeffrey and Sara Hutsell, were sued in a civil case, Bell v. Hutsell, for negligence in voluntarily undertaking the duty to prevent underage drinking. However, the Illinois Supreme Court ruled that the Hutsells were not liable. In the following viewpoint, Lloyd A. Karmeier claims that the couple—who informed their son that underage drinking would be monitored and prohibited but did not enforce this rule during the party—did not affirmatively act to prevent minors from drinking by confiscating alcohol, asking teens to leave, or ending the party. In essence, he concludes, because the Hutsells did not assert control over Bell or others, they did not undertake a duty to protect them and therefore did not violate that duty. Karmeier is a fifth district justice on the Illinois Supreme Court.

Lloyd A. Karmeier, Opinion, Bell v. Hutsell, Illinois Supreme Court, May 19, 2011.

This case arises out of the death of Daniel Bell, age 18, who died in a single-car accident after he had allegedly consumed alcoholic beverages at the residence of defendants in the course of a party organized and hosted by the defendants’ son, Jonathan. Plaintiff’s second amended complaint implicitly acknowledges that the defendants did not provide alcohol for underage consumption, and in fact alleges that defendants informed Jonathan both that alcohol consumption would not be tolerated and that they would monitor the party to see that underage partygoers did not possess or imbibe alcoholic beverages. Plaintiff alleges, however, that the Hutsells were aware of underage consumption on their premises at prior parties; that their son, Jonathan, had previously pled guilty to underage consumption; that alcohol was brought to the party in question and underage guests drank, excessively, with the Hutsells’ knowledge—in some instances in their presence— without objection or consequence; and that Jerry Hutsell “on multiple occasions spoke to a number of underage partygoers who had been drinking alcohol and requested that if they had been drinking at the party not to drive a vehicle when leaving.” The complaint states that Daniel Bell drank alcohol “in full and open view of the defendants,” and that he later walked to his car, “began driving,” and “crashed his car into a tree,” resulting in his death.

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