On October 28, 2011 a trial court in the Common Pleas of Erie County, Pennsylvania denied Preliminary Objections (Motion to Dismiss) to a Complaint against a social host who provided marijuana to a guest, both of whom were under age 21. The guest then caused an accident while driving impaired and seriously injured another person.
In Boyd v. Miller, No. 11321-2011 (Erie Co. Oct. 28, 2011) the trial court adopts a negligence cause of action for a violation of the Controlled Substance Act and also the Restatement (Second) Torts Section 876 (acting in concert). The Defendant host argued that this should be treated like an underage drinking case, and since both host and driver were underage, there should not be liability on the host. The trial court didn’t agree and finds that the homeowners policy applies.
For a copy of the opinion contact Scott Cooper at SchmidtKramer Injury Lawyers.
Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile