Who was left paraplegic when her spine was severed

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Reference no: EM133418859

After becoming intoxicated at a New Year's eve BYOB party, Clint Westwood drove his vehicle into oncoming traffic and collided head on with a vehicle driven by Patricia Madden, killing one of her passengers and causing life-altering injuries to three others, including Zoe Childress, a teenager at the time, who was left paraplegic when her spine was severed in the accident. Ms. Childress sued Mr. Westwood and the hosts of the party.

The Plaintiff argued that the social hosts were liable for the injuries because they provided the venue where the defendant became intoxicated and allowed him to leave in his vehicle while intoxicated. The defendant was impaired and exceeded the legal blood alcohol level.

The court found in favor of the Defendant and dismissed Ms. Childress' case against the hosts. The Supreme Court of Canada emphasized the differences between a social host and a commercial host, and why commercial hosts are obliged to take positive steps to protect third-party members of the public:

Monitoring liquor consumption
Those who profit from the sale and consumption of alcohol should bear some responsibility to reduce risk

The Court in this case found that hosting a party at which alcohol is served does not, give rise to a duty of care on hosts to third parties who may be injured by an intoxicated guest.

*Please write the issues in a question form

1. The facts

In your own words, describe what happens in the case in plain English.

2. The issue(s)

Make sure it is in question format.

3. The court's decision

What did the court decide?

4. The court's reasoning supporting the decision

What were the court's reason for their decision?

5. Conclusion: Do you agree with the outcome? Why or why not? Justify your answer.

Agree/not

Why or why not

Your own personal justification/rationale expanding on why or why not

Reference no: EM133418859

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