To: Paralegal From: Attorney Date: April 29, 2024 RE: Flynn v. Smith, CV 24-4534, Social host liability Our client, Rachel Bond hosted a party that many of her co-workers attended, including Suzanne Flynn (and her husband Raymond Flynn) and Holly Hoyt (who drove her boyfriend, Stuart Hampton). Bond did not interact much with Hampton but she provided him and other party guests with beer, without any kind of limitation. Hoyt, Hampton, and Raymond Flynn became intoxicated. Suzanne Flynn knew Hoyt was intoxicated, so at the end of the evening she suggested Hampton drive Hoyt's car. Hampton agreed. Hoyt knew Hampton had been drinking but did not believe he was too intoxicated to drive, so she gave him her car keys. Raymond Flynn rode with Hampton; Hampton caused an accident, seriously injuring Raymond Flynn. The Flynns sued in Idaho state court alleging Bond is liable as a social host and Hoyt is liable for negligently entrusting her car to a drunk driver, Hampton. Remember that we only represent Bond in this matter. Draft a brief in support of Defendant's motion for dismissal for failure to state a claim upon which relief can be granted. The Motion should be based on the on the fact that Idaho's "Dram Shop" Act, bars suit against suppliers of intoxicating beverages for the personal injuries to third parties caused by the continued serving of alcohol to the guest of a party. This issue alone should get the case against Bond thrown out. Please include at least one statute and two cases as your authority. You should also include at least one persuasive authority. Your legal brief should follow the I.R.C.P. This judge is a real stickler for the rules. The brief must contain a minimum of three direct quotes, one of which is a block quote. You may use no more than six direct quotes. Remember to proofread as grammar, spelling, formatting, and writing mechanics are part of your grade. In your brief, cite to the following court documents to establish the facts of the case: 1. Plaintiff's Complaint: a. Paragraph 6: Raymond Flynn rode with Hampton after the party. b. Paragraph 7: As a result of the intoxicating beverages served by Rachel Bond, Stuart Hampton negligently drove a vehicle and subsequently caused a horrific accident.

2. Holly Hoyt's November 17, 2023 deposition: a. 50:4 - 50:15 Holly Hoyt was intoxicated as a result of the intoxicating beverages served at the party of Rachel Bond. b. 50:20 - 50:30 Due to her intoxication, Holly Hoyt did not want to drive and gave her keys to her boyfriend Stuart Hampton. c. 51:23 - 51:33 Holly Hoyt saw Hampton drinking but did not think he was intoxicated. 3. Suzanne Flynn's December 2, 2023 deposition: a. 65:12 - 65:23: Suzanne Flynn knew that Holly Hoyt was intoxicated and suggested that Stuart Hampton drive instead