Woman can be sued in youth’s death
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mother who gave a liter bottle of vodka to her underage son before a drinking binge that ended in the death of his 18-year-old friend can be held liable for the boy’s death, the state Supreme Court ruled Tuesday. Buy a link here State statutes generally grant people who provide alcohol to others - even minors - immunity from civil liability for injury, death and any other damages that result from the consumption of the alcohol. That’s because it was consumed willingly. However, this case made it clear that adults who provide alcohol to someone under the legal drinking age cannot claim immunity when the alcohol results in the death or injury of another person. “It’s got to be the worst thing in the world to bury a child,” said Mark Anderson of Niagara, the father of Craig Anderson, who died March 19, 1999, after a night of drinking with his friend. “We’ve been through going on five years of misery. I believe the Supreme Court was looking for a way of stopping adults buying alcohol for minors.” A wrongful death lawsuit was filed by Anderson and his wife, Janet, against Mary Anne Brasure, the mother of Gregory Brasure, who was 19 when he and Craig Anderson went to the Brasure family’s vacation home in Marinette County for a night of drinking. The lawsuit alleges that on or before that day, Mary Anne Brasure purchased a 1.75 liter bottle of vodka for her son and left it on the kitchen table with a note that said, “Greg, you owe me $12.” Gregory Brasure took the vodka to the rural Marinette County property where he, Craig Anderson and another friend drank it, the suit alleges. Late that night or early the next morning, Craig Anderson died of acute alcohol intoxication. His blood-alcohol concentration was between 0.357 and 0.402 - more than four times the legal standard for driving. The Andersons filed a wrongful death suit against both Mary Anne and Gregory Brasure. The Brasures asked a Marinette County Circuit Court to dismiss the suit, claiming they were immune from liability under Wisconsin law. Circuit Judge Tim A. Duket agreed and granted summary judgment in favor of the Brasures. The 3rd District Court of Appeals upheld the judgment in favor of Gregory Brasure, but ruled that Mary Anne Brasure did not have immunity from liability. The appeals court ruled that under an exception in the state law, immunity doesn’t apply if the person who provided the alcohol knew or should have known that the recipient was underage and the alcohol was a substantial factor in causing injury. In a ruling written by Justice Diane Sykes, the state Supreme Court agreed with the appeals court. Mary Anne Brasure’s attorney, Mark A. Pennow of Green Bay, did not return a phone call Tuesday. The Andersons’ attorney, Frank W. Kowalkowski, also of Green Bay, said the ruling should be seen as a cautionary tale by adults tempted to provide alcohol to anybody under the legal drinking age. |