MacLeod v. Ball
| Decision Date | 17 August 1995 |
| Docket Number | No. 94-193,94-193 |
| Citation | 663 A.2d 632,140 N.H. 159 |
| Parties | John E. MacLEOD, II, Individually and By and Through His Guardian, Tammy L. MacLeod v. Eric R. BALL. |
| Court | New Hampshire Supreme Court |
The plaintiff, John E. MacLeod, sued the defendant, Eric R. Ball, under theories of common law negligence and statutory cause of action to recover damages for injuries he suffered after falling off a bridge while intoxicated. The plaintiff alleges that the defendant negligently provided intoxicating beverages when the plaintiff was under the legal drinking age of twenty-one. The Superior Court (Barry, J.) dismissed the plaintiff's cause of action for failure to state a claim upon which relief may be granted. The plaintiff appealed.
In reviewing a motion to dismiss for failure to state a claim upon which relief may be granted, we assume the truth of the facts alleged in the plaintiff's pleadings and construe all reasonable inferences in the light most favorable to him. Thompson v. Forest, 136 N.H. 215, 216, 614 A.2d 1064, 1065 (1992). We will reverse if the allegations in the plaintiff's pleadings "are reasonably susceptible of a construction that would permit recovery." Id. (quotation omitted).
The plaintiff alleges that at the time of the alleged injuries, he was a nineteen-year-old student at Plymouth State College. The defendant procured and illegally delivered a significant quantity of intoxicating alcoholic beverages to the plaintiff and three other students whom the defendant knew were under the legal drinking age. On the following day, the plaintiff consumed excessive amounts of the alcoholic beverages supplied by the defendant with resulting intoxication. As a result of his intoxication, the plaintiff fell from a bridge while "pretend jumping" and suffered severe injuries.
The plaintiff argues that he may maintain a cause of action against the defendant based on a common law theory of negligence and for a violation of RSA 175:6 (1990) (now codified at RSA 179:5 (1994)). Our recent decision in Hickingbotham v. Burke, 140 N.H. 28, 662 A.2d 297 (1995), governs this case. Hickingbotham involved social host liability for providing alcohol to guests attending a party at the defendants' home. Id. at ----, 662 A.2d at 297. While the circumstances alleged in the instant case differ somewhat from those in Hickingbotham, we apply the same principles of tort liability to the active and knowing delivery of intoxicating beverages as we applied recently to the social host situation. In Hickingbotham, we held that RSA 179:5 grants no civil cause of action based on its violation. Id. at ----, 662 A.2d at 297. Accordingly, we affirm the trial court's ruling that no statutory cause of action exists.
We also held that no common law cause of action for the tortious provision of alcohol to a minor or intoxicated guest could be maintained unless the plaintiff could allege that the defendant's delivery...
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Gonzalez v. University System of New Hampshire, No. 451217 (CT 1/28/2005)
...564 A.2d 826 (1989). There must be a causal connection between the recklessness alleged and the injuries incurred. MacLeod v. Ball, 140 N.H. 159, 161, 663 A.2d 632 (1995). "Proximate cause is a question for the jury unless the evidence is such that no reasonable [person] could find legal fa......
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Taylor v. U.S.
...causation, the issue is submitted to the jury (or, under the FTCA, to the court for resolution on the merits). MacLeod v. Ball, 140 N.H. 159, 160-61, 663 A.2d 632, 633 (1995); Hurd v. Boston & Maine R.R., 100 N.H. 404, 408, 129 A.2d 196 Here, even viewing the facts in the light most favorab......
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In re Baldoumas Enters., Inc.
...whereas RSA 179:5 creates no civil cause of action. Hickingbotham v. Burke, 140 N.H. 28, 31, 662 A.2d 297 (1995) ; see MacLeod v. Ball, 140 N.H. 159, 663 A.2d 632 (1995) ; see also Douillard v. LMR, Inc., 433 Mass. 162, 740 N.E.2d 618 (2001) (civil action for negligent service requires evid......