636, 640, 705 P.2d 806 (1985); Northside Auto Serv., Inc. v. Consumers United Ins. Timothy Reynolds suffered serious injuries as a result of the accident. department at Payne Hicks Beach feature in the article first published online and in Lexis Nexis LNB News on 3 June 2020 and reproduced with kind permission Reynolds factors ‘not a checklist’ for purposes of defence under section 4 of the Defamation Act 2013 (Serafin v Malkiewicz and others) LNB News 03/06/2020 68 Steven and Dianne settled with Plaintiffs and are not a party to this appeal. I find no justification exists for applying different standards to vendors than to social hosts who furnish alcohol to minors. A career that began with television roles in ‘River Boat’ (1959-60), ‘Gunsmoke’ (1962-66) and ‘The Twilight Zone’ (1963) ended up making Burt Reynolds a Hollywood megastar. Alana also answers to Alana J Hicks, Alana J Reynolds, Alana J Reynolds Hicks, Alana J Reynolds-hicks and Alana Jenine Reynolds Hicks… v. Lancaster County School District 0001, Reynolds v. Hicks, 951 P.2d 761, 134 Wn.2d 491, 1998 Wash. LEXIS 83 (Wash. Feb. 26, 1998). 2 . We applied this purpose to RCW 66.44.200 and found the Legislature did not intend to protect the adult [769] drunk driver because "[u]nlike an innocent bystander hit by a drunk driver or a youth whose sense of immortality leads to reckless abandon, the responsibility for self-inflicted injuries lies with the intoxicated adult." How to be Happy :These teachings have changed my life. I disagree with the majority's shielding from possible civil liability persons who commit a criminal act. See RCW 66.44.270(4), (5). The majority holds a social host who furnishes alcohol to a minor, in violation of a criminal statute, does not owe a duty of care to third persons injured by that intoxicated minor. The differences between the ability of commercial vendors and social hosts in regulating the consumption of alcohol along with the far reaching implications of social host liability are persuasive reasons for not expanding liability in this case. A third party who is injured by an intoxicated minor may not sue the social hosts who provided the alcohol to the minor under the statute making such provision of alcohol to minors illegal. Plaintiff sued Defendants, alleging negligence for serving alcohol to a minor. 1817; see also St. Mary's Honor Ctr. See id. It follows that the Legislature did not intend social hosts to be liable to the extent of commercial vendors. Place of Origin. 505, 506, 369 S.E.2d 106, 110 (1988)(emphasis added), a determinate suspended sentence, notwithstandingthat it is accompanied by conditions, comprises criminal punishmentand is “not equivalent to a conditional sentence that would allowthe contemnor to avoid or purge . 351, 356, 587 P.2d 75 (1978). Facts: Hicks got married and there were a lot of people at the reception including underage nephew Steven. Plaintiffs contend that RCW 66.44.270 creates a duty of care owed by the Defendants to the Plaintiffs. We affirm the trial court's dismissal finding that the Defendant social hosts owed no duty to third persons injured by the intoxicated minor. Supreme Court of Washington, en Banc. Get free access to the complete judgment in REYNOLDS v. CLP CORP on CaseMine. Reynolds (Plaintiff) sued the Hickses (Defendants) for serving alcohol to their minor nephew who then injured Plaintiff in an automobile accident. Welcome to the business page of V. Hicks Contracting LLC. (Johnson, J.) at 585, 722 P.2d 1363. Applying the Restatement test, the court observed that the statute prohibits persons from giving alcohol to a minor and since Hansen was a minor who was furnished alcohol, he fell within the statute's protected class. Purchase v. Meyer, 108 Wash.2d 220, 228, 737 P.2d 661 (1987). 1800, Harry Beard Collection. CLP records indicate that the Hoover franchise was suffering from 470% turnover and was substantially under-staffed. [6] Consequently, Defendants are not entitled to reasonable attorneys fees pursuant to RCW 4.84.250. Reynolds (Plaintiff) sued the Hickses (Defendants) for serving alcohol to their minor nephew who then injured Plaintiff in an automobile accident. Email Address: s WPRV @yahoo.com +2 emails. See id. Although Hansen did not create a cause of action for third parties, this court recognized such an action was allowed, based on the statute criminalizing furnishing alcohol to a minor. [6] Timothy Reynolds sought damages for physical and mental injuries he sustained as a result of the accident and other damages to be proven at trial. Jamie and Anna Hicks were married on September 10, 1988, at St. Bernadette Church in Seattle. 343, 704 P.2d 1193 (1985). Because this exception allows the minor's parent or guardian to give alcohol to a minor if the alcohol is consumed in the presence of the parent or guardian, the majority reasons, it is apparent the statute was not enacted to protect third parties injured by intoxicated minors. Hansen is consistent with the rulings of the Court of Appeals which indicate that although RCW 66.44.270 does not protect third persons, it does protect minors [766] from injuries to themselves as a result of their alcohol consumption. This is the old version of the H2O platform and is now read-only. Helsell, Fetterman, Martin, Todd & Hokanson, Patricia Anderson, Lish Whitson, Seattle, for Respondent. Reynolds v. Hicks Prepared by Candice. The court explained that RCW 66.44.270 does not make it unlawful for the minor's parent or guardian to give alcohol to the minor if consumed in the presence of the parent or guardian. Thus, once a duty is owed, the well established principles of negligence limit and shape the possibility and scope of any recovery. We have shown you the names of family groups represented and the material Mrs. Hicks presents . See RCW 4.84.250. Steven Hicks admitted to consuming alcohol at the reception; however, other relatives, including his sister, Dianne Hicks, his aunt, Anne Dahl, and Jamie and Anna Hicks, all claimed that they did not see Steven drinking alcohol nor did he appear to be in an intoxicated state. The majority, however, leaves us with the rule that a person commits a crime by furnishing alcohol to a minor, and yet avoids all civil liability for the consequences of that same act. At issue in this case is whether Reynolds is within the class of persons the statute was designed to protect. [762] James R. Ihnot, Kirkland, for Appellant. A breach of duty not to furnish alcohol to a minor would not constitute negligence per se, but would be considered as evidence of negligence. Majority at 765. RCW 66.44.270(3) does not apply to liquor given or permitted to be given to a person under the age of twenty-one years by a parent or guardian and consumed in the presence of the parent or guardian. RCW 66.20.210 provides the commercial vendor with a way to immunize itself from civil liability for alcohol-related injuries resulting from the sale of alcohol to a minor. In addition to the exceptions to liability under RCW 66.44.270, the Legislature has given other indications of its intent to treat social hosts differently than commercial vendors. This means you can view content but cannot create content. Id. Only the minor who was injured as a result of the violation of the statute may sue the hosts for providing him alcohol. Curtis L Hicks, Deborah N Hicks, Richard Leonard Rose, Robert S Reynolds, Rosemary C Reynolds, Samantha R Hicks, William L Reynolds Jr More , Amanda Marie Hicks, Donnie G Hicks Jr, Donnie G Hicks Sr View All Details on See Wiener v. Gamma Phi Chapter of Alpha Tau Omega Fraternity, 258 Or. CP at 532. at 482, 824 P.2d 483. Reynolds' assignment placed her under the supervision of Doris Hicks. Defendants moved for summary judgment and the trial court granted it, finding that Washington law did not create social host liability for serving alcohol to a minor to third parties injured by the intoxicated minor. Case Summaries. See Hansen, 118 Wash.2d at 485, 824 P.2d 483. Summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. 1800 (published) Artist/maker. AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data. I also disagree with the majority's analysis, which confuses the issues of duty and ultimate liability. Previously cities included Holly Springs NC and Knightdale NC. Under the majority, we are also left with the strained result of different standards for commercial vendors than for social hosts who furnish alcohol to minors. Comments by Maya Mills, Associate and media and privacy law specialist in the Dispute Resolution at top London law firm Payne Hicks Beach feature in the article addressing the Reynolds factor is 'not a checklist' for purposes of defence under section 4 of the Defamation Act 2013 (Serafin v Malkiewicz and others), first published online and in Lexis Nexis LNB News on 3 June 2020 and … at 584, 722 P.2d 1363. 55 Darren Mills V Mark Ganderton 56 David Lilley V Andy Hicks ... 60 Dean Reynolds V Andy Lavin 61 Richard Jones V Gary Milne 62 Abid Manzoor V Gerard Greene 63 Andrew Booker V Mark Taylor 64 Kuldesh Johal V Martin Williams 65 Martin McCrudden V Karl Walker 66 Nigel Bond V Ahmed Alhashmi See id. Burgess, Fitzer, Leighton & Phillips, Timothy Gosselin, Tacoma, Amicus Curiae on Behalf of Washington Defense Trial Lawyers Association. RCW 66.20.210. [2] Restatement (Second) of Torts § 286 (1965) provides: "The court may adopt as the standard of conduct of a reasonable man the requirements of a legislative enactment or an administrative regulation whose purpose is found to be exclusively or in part, "(a) to protect a class of persons which includes the one whose interest is invaded, and, "(b) to protect the particular interest which is invaded, and, "(c) to protect that interest against the kind of harm which has resulted, and, "(d) to protect that interest against the particular hazard from which the harm results.". The wedding was followed by a dinner reception where wine and champagne were served. Hicks v Walker and Frank Reynolds Ltd Queen's Bench Division Watkins LJ And Forbes J 16 May 1984 Unlicensed credit-broker - introductions by an agent - Consumer Credit Act 1974, s 145. CitationReynolds v. Hicks, 951 P.2d 761, 134 Wn.2d 491, 1998 Wash. LEXIS 83 (Wash. Feb. 26, 1998) Brief Fact Summary. The list of concerns for social host expressed by the majority places more emphasis on the possible difficulties posed for social hosts than on a potential remedy for victims of underage drunk driving. See CR 56(c); Mutual of Enumclaw, 122 Wash.2d at 160, 856 P.2d 1095. Instead, I would hold that the Defendants are not liable for the reasons expressed in the dissent in Hansen v. Friend, 118 Wash.2d 476, 486-87, 824 P.2d 483 (1992) (Dolliver, J., dissenting). See CP at 18 D-F. [1] Washington courts have adopted the test from the Restatement (Second) of Torts § 286 (1965) to determine when a statute may be adopted as a reasonable person's standard of conduct. The court in Hansen, however, did not indicate that the class protected by the statute encompassed third persons injured by the intoxicated minor. Thus, Defendants are not entitled to costs pursuant to CR 68. 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