Biscan v. Brown

• Decision Date: 30 March 2005
• Citation: 160 S.W.3d 462
• Parties: Jennifer L. BISCAN, et al. v. Franklin H. BROWN, et al.
• Court: Tennessee Supreme Court

Page 462

160 S.W.3d 462

Jennifer L. BISCAN, et al. v. Franklin H. BROWN, et al.

Supreme Court of Tennessee, at Nashville.

October 8, 2004 Session at Franklin.¹

March 30, 2005.

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Alan M. Sowell, Nashville, Tennessee, for the Appellant, Franklin H. Brown.

John R. Hollins, Jr., Nashville, Tennessee, for the Appellant, Paul N. Worley.

Philip N. Elbert and W. David Bridgers, Nashville, Tennessee, for the Appellees, Jennifer Biscan and Robert Biscan.

Winston S. Evans, Nashville, Tennessee, for the Amicus Curiae, Mothers Against Drunk Driving.

OPINION

E. RILEY ANDERSON, J., delivered the opinion of the court, in which JANICE M. HOLDER and WILLIAM M. BARKER, JJ., and ALLEN W. WALLACE, SP., J., joined. FRANK F. DROWOTA, III, C.J., filed a concurring and dissenting opinion.

We granted this appeal to determine whether an adult who hosts a party for minors and knows in advance that alcohol will be consumed has or may voluntarily assume a duty of care towards the minor guests. We hold that the defendant adult host had such a duty of care even though he did not furnish any alcohol. We also hold that the trial court did not err in excluding evidence regarding the minor plaintiff's prior alcohol-related offenses and her prior experience with alcohol and that the trial court did not err in determining that the plaintiff's sister was not at fault as a matter of law pursuant to Tennessee's statutory shield for furnishers of alcoholic beverages. The Court of Appeals affirmed the trial court in all respects. We affirm the result reached by the Court of Appeals on the separate grounds set forth herein.

Background

The plaintiff, Jennifer Biscan ("Jennifer"),² age 16, was severely injured in a single-car automobile accident after leaving a party hosted by the defendant, Paul Worley ("Worley"), at his home in Williamson County, Tennessee. The defendant, Franklin Hughes Brown ("Brown"), age 16, drove the car in which Jennifer was riding. After the accident, Brown's blood-alcohol content was measured at .17%; Jennifer's was .032% Jennifer and her father, Robert Biscan, filed negligence actions against the driver Brown and the adult host Worley. The plaintiffs alleged that Brown's operation of the automobile while under the influence of alcohol was negligent and negligent per se. The plaintiffs alleged that Worley negligently "permitted, condoned and encouraged the unlawful consumption of alcohol by minors," that he undertook a special duty to protect the minors at the party, and that Worley "negligently exercised control or negligently failed to exercise control" over Brown. The plaintiffs also alleged that Worley was negligent per se. Both the defendants Brown and Worley raised as affirmative defenses the comparative fault of Jennifer Biscan and the negligence and negligence per se of Jennifer's twin sister, Dana Biscan ("Dana"), who provided alcohol to Brown. Defendant Worley also averred that Brown's negligence was an independent intervening act relieving him of liability; Brown averred that Worley was comparatively negligent.

The evidence presented at trial is summarized as follows. On October 18, 1997, Brown and Jennifer attended a party hosted by defendant Worley for his daughter Ashley's eighteenth birthday. Brown and Jennifer attended school with Ashley. Ashley personally invited her friends and members of her school class to the party. Other students at Ashley's school, including Jennifer and her sister Dana, learned of the party and went to it even though they were not personally invited to the party by Ashley or by her father, Worley. All the minors who came to the party were permitted to stay.

Worley gave the party at his home and was the only adult present. Although he did not serve alcohol at the party, Worley fully expected many of the minor guests to bring and consume alcohol, which is precisely what happened. Worley instructed his daughter beforehand that his "rule" would be that anyone who was drinking would be required to spend the night. The record reflects that some of the guests were aware of the rule, but that many were not. Although Worley walked around and patrolled the party and was aware that some of the guests had brought beer, he made no attempt to enforce the rule that guests who had consumed alcohol stay overnight.

Brown, a longtime friend of Jennifer's, consumed beer before and during the party. Brown obtained some of the beer from Dana, who had purchased it illegally. Brown and some of the other guests reimbursed Dana for the cost of the beer.

Later, between 11:00 and 11:30 p.m., Brown and Jennifer left the party together in Brown's car. The accident occurred when Brown failed to see a stop sign and slammed into a guardrail.

The record reflects that Jennifer sustained extremely serious injuries. She remained in a coma for nearly three weeks and required hospitalization for nearly two months after the accident. Much of the brain damage she sustained in the accident is permanent. Jennifer has continuing difficulty with memory, decision-making, and numerous other cognitive functions, as well as limitations in the use of her left arm.

At trial, the jury found that Brown was 70% at fault, Worley was 15% at fault, and Jennifer was 15% comparatively negligent. The jury then set Jennifer's damages at $3,954,810. Brown and Worley appealed to the Court of Appeals, which affirmed the trial court in all respects. Brown and Worley then sought permission to appeal to this Court.

We granted review to address three issues. First, defendants Brown and Worley argue that the trial court erred in excluding evidence of Jennifer's prior experiences with alcohol and evidence of alcohol-related juvenile court citations while admitting evidence of Jennifer's knowledge of the effects of alcohol. Second, both defendants argue that the trial court erred in granting a directed verdict to the plaintiffs as to Dana's liability and instructing the jury that it could not allocate fault to Dana because she was immune from fault under Tennessee Code Annotated section 57-10-101 (2002), which insulates those who "furnish" alcoholic beverages from liability for injuries caused by persons who consume the beverages. Third, defendant Worley contends that he neither owed nor assumed a duty of care to Jennifer and that the trial court erred in denying his motion for summary judgment on that ground.

We will address each issue in turn.

Analysis

I. Evidentiary Rulings

The trial court admitted evidence of Jennifer's knowledge of the effects of alcohol but excluded testimony of her prior experiences with alcohol, as well as evidence of alcohol-related juvenile court citations. Brown and Worley argue that the excluded evidence was relevant to show that Jennifer was comparatively negligent in accepting a ride with Brown. Jennifer argues that evidence regarding her prior experience with alcohol is irrelevant and that Tennessee law bars introduction of her juvenile court citations.

Standard of Review

We review the trial court's decision to admit or exclude evidence by an abuse of discretion standard. Mercer v. Vanderbilt Univ., Inc., 134 S.W.3d 121, 131 (Tenn.2004). "A trial court abuses its discretion `only when it applies an incorrect legal standard, or reaches a decision which is against logic or reasoning that causes an injustice to the party complaining.'" Id. (quoting Eldridge v. Eldridge, 42 S.W.3d 82, 85 (Tenn.2001)).

Evidence is relevant and therefore admissible if it has "any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." Tenn. R. Evid. 401. Evidence that is relevant under Rule 401 may be excluded "if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury...." Tenn. R. Evid. 403.

A. Evidence of Jennifer Biscan's Prior Alcohol Experiences

The defendants argue that Jennifer was negligent in choosing to ride with an intoxicated driver and that any evidence relating to Jennifer's knowledge of the effects of alcohol was relevant. The defense proffered the testimony of Jennifer's classmates and friends that she had consumed alcohol and become intoxicated in the past. Brown also proffered testimony that Jennifer had ridden with him three to five times in the past when he had been intoxicated.

Although the trial court excluded that evidence, it permitted the defense to introduce the blood-alcohol tests performed on Jennifer at the hospital after the accident. Those tests showed a blood-alcohol content of .032%. The trial court also admitted evidence that Jennifer had been told by her father and in school that drinking and driving was harmful, and admitted testimony that Jennifer had gone out with groups of classmates who consumed alcohol.

We agree with the defendants' argument that evidence regarding Jennifer's prior experiences with alcohol was relevant. One of the factors to consider in determining the fault of a minor is the minor's experience. Eaton v. McLain, 891 S.W.2d 587, 592 (Tenn.1994). Because a minor may not lawfully purchase or consume alcohol, whether a minor has the capacity, knowledge and experience to appreciate the effects of alcohol is put in issue merely by the fact of his or her being underage. See Brookins v. The Round Table, Inc., 624 S.W.2d 547, 550 (Tenn.1981) (superseded on other grounds by Tennessee Code Annotated sections 57-10-101 and -102).

Accordingly, we disagree with the Court of Appeals' conclusion that Jennifer's prior experience with alcohol was not relevant simply because the defendants did not argue that Jennifer was intoxicated or that her consumption of alcohol at this party had any bearing on her decision to ride with Brown. In our view, Jennifer's firsthand experience with alcohol was probative of her...