Reference no: EM131657159

Question: Universal Metrics, Inc. (UMI) sponsored an evening social gathering for its employees at a Wisconsin country club. UMI provided each attendee with two vouchers, each of which was redeemable for an alcoholic or a nonalcoholic beverage. Once the vouchers had been used, attendees could purchase additional beverages from a country club bartender. Michael Devine and John Kreuser were among the UMI employees in attendance. They drove separately to the event. At approximately 8:30 PM, Kreuser heard the bartender ask Devine whether he (Devine) had a ride home. Kreuser saw Devine make a motion with his head, suggesting that Kreuser would be responsible for driving Devine home. Kreuser then indicated to the bartender that he would give Devine a ride home. After this indication by Kreuser, the bartender served Devine more drinks. Between 9:00 and 9:15 PM, Devine approached Kreuser and asked Kreuser to buy him a drink because the bartender had cut him off. Kreuser declined. He neither talked to nor saw Devine again during the evening. Kreuser and his wife left the party at approximately 10:00 PM. As they were leaving, Kreuser decided not to give Devine a ride home. Kreuser, who had driven Devine home under similar circumstances on two other occasions, did not tell Devine or anyone else that he did not intend to drive Devine home this time. At approximately 10:40 PM, Devine was driving his own vehicle when he crossed the center line of the highway and struck a vehicle driven by Kathy Stephenson. Both drivers died as a result of injuries they suffered in the collision. Test results showed that Devine's blood alcohol concentration was more than three times greater than the legal limit. Devine's estate, of course, was legally liable to Kathy Stephenson's estate. Ricky Stephenson, Kathy's surviving spouse and personal representative of her estate, believed that others should be held liable as well. He therefore filed a negligence lawsuit against UMI and Kreuser. Were UMI and Kreuser liable for negligence?