Question
Donald and Gloria Bowden hosted a cookout at their home in South Carolina, inviting mostly business acquaintances. Justin Parks, who was 19 years old, attended
Donald and Gloria Bowden hosted a cookout at their home in South Carolina, inviting mostly business acquaintances. Justin Parks, who was 19 years old, attended the party. Alcoholic beverages were available to all of the guests, even those who, like Parks, were between the ages of 18 and 21. Parks consumed alcohol at the party and left with other guests. One of the guests detained Parks at the guest's home to give Parks time to "sober up." Parks then drove himself from this guest's home and was killed in a one-car accident. At the time of death, he had a blood alcohol content of 0.291 percent, which exceeded the state's limit for driving a motor vehicle. Linda Marcum, Park's mother, filed a suit in South Carolina state court against the Bowdens and others, alleging that they were negligent.
Should the defendants (note there are several) be held liable? Under what legal theories and reasoning? If you believe they should not be held liable, articulate your legal theories and reasoning for this as well. If you have additional factual questions that would help you decide, state those questions and the legal reasoning why you need the additional information.
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