1. MARTIN v. MARCIANO 871 A.2d 911 (R.I. 2005)
Case Brief
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MARTIN v. MARCIANO
PURPOSE: Liability of landowners for acts of third parties.
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MARTIN v. MARCIANO
CAUSE OF ACTION: Battery, suing for personal injuries.
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MARTIN v. MARCIANO
FACTS: A mother held a graduation party for her daughter at her home. Even though most of the approximately seventy attendees were underage, there were two kegs of beer and other alcoholic beverages available. Martin was hit in the head with a baseball bat that Okere had been holding and that Marciano had supplied. Martin sued the mother, Okere, and Marciano for his head injuries. Trial court granted summary judgment to landowner.
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MARTIN v. MARCIANO
ISSUE: Whether the landowner (the mother) had a duty to protect against harm from third parties.
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MARTIN v. MARCIANO
HOLDING: Yes. “In the context of this case, we hold that the defendant had a duty to protect her guests from unreasonable harm by other guests and third persons.”
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MARTIN v. MARCIANO
REASONING: Generally, a landowner has no duty to protect a guest from harm inflicted by a third party; however, a duty arises where, as here, the landowner hosts a large party and supplies alcohol to minors. The court incorrectly granted summary judgment in favor of the parent landowner. Questions remain whether the duty was breached and whether Okere’s actions broke the causal connection between Martin and the parent landowner.
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