{ "id": 2851451, "name": "PAULA L. BZDEK, a Minor, by her Father and Next Friend, Robert J. Bzdek, Plaintiffs-Appellants, v. SUSAN M. TOWNSLEY et al., Defendants-Appellees", "name_abbreviation": "Bzdek ex rel. Bzdek v. Townsley", "decision_date": "1994-05-16", "docket_number": "No. 2\u201493\u20140516", "first_page": "238", "last_page": "246", "citations": [ { "type": "official", "cite": "262 Ill. App. 3d 238" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "219 Ill. App. 3d 834", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5801784 ], "pin_cites": [ { "page": "841" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/219/0834-01" ] }, { "cite": "155 Ill. 2d 562", "category": "reporters:state", "reporter": "Ill. 2d", "opinion_index": 0 }, { "cite": "251 Ill. App. 3d 1059", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2959248 ], "weight": 2, "year": 1994, "pin_cites": [ { "page": "1065" }, { "page": "1060" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/251/1059-01" ] }, { "cite": "138 Ill. App. 3d 829", "category": "reporters:state", "reporter": "Ill. 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App. 3d 1059", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5254395 ], "weight": 15, "pin_cites": [ { "page": "1063-64" }, { "page": "1076" }, { "page": "1066-67" }, { "page": "1073" }, { "page": "1074" }, { "page": "1068" }, { "page": "1069" }, { "page": "1073" }, { "page": "1075" }, { "page": "1076" }, { "page": "1076-77" }, { "page": "1079" }, { "page": "1077" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/223/1059-01" ] } ], "analysis": { "cardinality": 788, "char_count": 21774, "ocr_confidence": 0.802, "pagerank": { "raw": 4.7674305217962424e-08, "percentile": 0.2992479484325148 }, "sha256": "8e63b8d8d7edc9f629e579bcb017a9a3ee758ccb99c6071e34c4f574395b873c", "simhash": "1:ed69477a2c1c567d", "word_count": 3666 }, "last_updated": "2023-07-14T21:36:39.333622+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "PAULA L. BZDEK, a Minor, by her Father and Next Friend, Robert J. Bzdek, Plaintiffs-Appellants, v. SUSAN M. TOWNSLEY et al., Defendants-Appellees." ], "opinions": [ { "text": "JUSTICE PECCARELLI\ndelivered the opinion of the court:\nPaula L. Bzdek (plaintiff), a minor, brought an action by Robert J. Bzdek, her father and next friend, alleging social host liability against defendants, Susan M. Townsley and Nicki Townsley. The circuit court of Lake County dismissed plaintiff\u2019s second amended complaint with prejudice pursuant to section 2 \u2014 615 of the Code of Civil Procedure (735 ILCS 5/2 \u2014 615 (West 1992)) for failure to state a cause of action. Plaintiff appeals. We reverse and remand.\nPlaintiff\u2019s second amended complaint (the complaint) contained two counts which both alleged that on or about September 15, 1990, defendants: (1) hosted a party at their residence; (2) knew that most of the guests in attendance at the party were under 21 years of age and several were under 18 years of age; (3) provided and served alcoholic beverages to their guests, including those under 21 and 18 years of age (underage guests), who consumed the alcoholic beverages; (4) knew or should have known that many of their underage guests arrived at and would depart from the party in motor vehicles; (5) knew that the consumption of the alcoholic beverages by their underage guests could and would affect their underage guests\u2019 mental faculties, including the underage guests\u2019 judgment and ability to operate safely a motor vehicle; (6) continued to provide and serve alcoholic beverages to their underage guests when defendants knew or should have known the underage guests were becoming intoxicated; (7) permitted and caused two of the underage guests, David A. Duff (Duff), who was 18 years old, and plaintiff, who was 15 years old, to continue consuming alcoholic beverages to the point of and while in a state of intoxication; and (8) knowingly permitted Duff and plaintiff to leave the premises while still intoxicated and likely to depart in a motor vehicle.\nCount I of the complaint was based on a theory of social host liability by negligent service of alcohol to an underage driver. Count I alleged that after leaving the party, Duff, while intoxicated from the alcoholic beverages he consumed at the party, drove a motor vehicle in an uncontrolled and reckless manner until he lost control of the vehicle, crossed into oncoming traffic, and caused the vehicle to crash. Count I also alleged that plaintiff, who was a passenger in the vehicle driven by Duff, sustained severe and permanent injuries in the crash.\nCount II of the complaint was based on a theory of social host liability by the negligent service of alcoholic beverages to an underage passenger. Count II alleged that as a result of plaintiff\u2019s intoxication, plaintiff\u2019s judgment was impaired and she allowed herself to be transported in a vehicle operated by Duff, who was obviously intoxicated. Count II also alleged that Duff operated the motor vehicle in a reckless and uncontrolled manner until he lost control of the vehicle, allowed it to cross into oncoming traffic, and caused a crash in which plaintiff suffered severe and permanent injuries.\nOn appeal, plaintiff argues that the circuit court erred when it dismissed her complaint. Plaintiff contends that her complaint stated a proper cause of action under Cravens v. Inman (1991), 223 Ill. App. 3d 1059.\nIn reviewing a dismissal for failure to state a cause of action, we must accept as true all well-pleaded facts in the complaint and all reasonable inferences which can be drawn from the well-pleaded facts to determine whether the complaint alleges sufficient facts to establish a cause of action upon which relief may be granted. (Kolegas v. Heftel Broadcasting Corp. (1992), 154 Ill. 2d 1, 9.) A court should not dismiss a cause of action on the pleadings unless it clearly appears that no set of facts can be proven which will entitle a plaintiff to recover. Burdinie v. Village of Glendale Heights (1990), 139 Ill. 2d 501, 504.\nIn order to state a cause of action in common-law negligence, a plaintiff must show the existence of a duty owed by defendant to plaintiff and allege breach of that duty by defendant and resulting injury to plaintiff proximately caused by defendant\u2019s breach of the duty. (Ward v. K mart Corp. (1990), 136 Ill. 2d 132, 140.) The existence of a duty is a question of law to be determined by the court and may be based on defendant\u2019s violation of a statute designed to protect human life or property. (Gouge v. Central Illinois Public Service Co. (1991), 144 Ill. 2d 535, 542-43.) The violation of a statute designed to protect human life or property is prima facie evidence of negligence when plaintiff shows: (1) the violation of the statute proximately caused plaintiff\u2019s injury; and (2) the statute was intended to protect a class of persons to which plaintiff belongs from the kind of injury plaintiff suffered. Gouge, 144 Ill. 2d at 543.\nThe Illinois Appellate Court districts are split as to whether pleadings alleging common-law social host negligence liability state a viable cause of action. This split occurred in 1991, when the Appellate Court, First District, filed Cravens v. Inman (1991), 223 Ill. App. 3d 1059, which recognized social host negligence liability for automobile accident injuries caused by a minor driver who became intoxicated at a party given by the social host. Prior to Cravens, the appellate court had consistently held that a cause of action for common-law social host negligence liability would not lie because section 6 \u2014 21 of the Liquor Control Act of 1934 (Ill. Rev. Stat. 1991, ch. 43, par. 93.9 et seq. (now 235 ILCS 5/1 \u2014 1 et seq. (West 1992))) (historically called the Dramshop Act) preempted the field of alcohol-related liability, and because any extension of the law to include social host liability should come either from the legislature or from the Illinois Supreme Court. See, e.g., Puckett v. Mr. Lucky\u2019s Ltd. (1988), 175 Ill. App. 3d 355, 357-58; Coulter v. Swearingen (1983), 113 Ill. App. 3d 650, 653-54.\nIn Cravens, the mother of a minor daughter, who was less than 16 years old and who died in a motor vehicle crash, filed suit against defendants who hosted a party attended by plaintiff\u2019s daughter before the crash. The pleadings alleged that: during the party, defendants negligently served or knowingly allowed their minor son to serve liquor to several minor guests including Rita Lenzi (Lenzi), who was less than 16 years old; defendants continued to serve or allow the service of alcoholic beverages to the minors, including Lenzi, throughout the course of the party, even after defendants knew or should have known the minors had become intoxicated; as a result of this intoxication, Lenzi\u2019s judgment, senses, and faculties were totally impaired; defendants made no effort to determine how Lenzi left the premises or her condition upon departure; plaintiff\u2019s daughter left defendants\u2019 home with Lenzi in a motor vehicle driven by another minor who attended the party; later, Lenzi took control of the motor vehicle and drove in an uncontrolled and reckless manner, including the avoidance of police pursuit, until the vehicle crashed causing plaintiff\u2019s daughter\u2019s injuries and death. Cravens, 223 Ill. App. 3d at 1063-64.\nThe Appellate Court, First District, in a thoughtful and well-reasoned opinion delivered by Justice McMorrow, held that it recognized a cause of action for \"social host negligence liability for automobile accident injuries caused by an intoxicated minor driver.\u201d (223 Ill. App. 3d at 1076.) The court arrived at its holding after carefully reviewing the statutory and common-law history of civil liability for alcohol-related injuries in Illinois. The court particularly noted two Illinois Supreme Court decisions, Cruse v. Aden (1889), 127 Ill. 231, and Cunningham v. Brown (1961), 22 Ill. 2d 23, which addressed questions of alcohol-related liability under section 6 \u2014 21 of the Liquor Control Act (Ill. Rev. Stat. 1991, ch. 43, par. 135 (now 235 ILCS 5/6 \u2014 21 (West 1992))) or its predecessors. Cravens, 223 Ill. App. 3d at 1066-67.\nIn Cruse, plaintiff sought to bring a cause of action for social host liability against a farmer who served drinks to plaintiff\u2019s husband who was later killed when he was thrown from his horse. (Cruse, 127 Ill. at 232-33.) The supreme court held that the section 6 \u2014 21 predecessors only applied to commercial suppliers of alcoholic beverages and did not create a cause of action against a social host. 127 Ill. at 239.\nIn Cunningham, the question before the court was whether either of two counts of plaintiffs complaint stated a cause of action against a commercial supplier of alcoholic beverages, apart from section 6 \u2014 21, based on the violation of a different statute or on common-law negligence. (Cunningham, 22 Ill. 2d at 24-25.) The supreme court held that the counts were properly dismissed because the Dramshop Act provided the exclusive remedy against commercial suppliers of alcoholic beverages for injuries caused by intoxicated patrons. 22 Ill. 2d at 30-31.\nThe Cravens court found nothing in either Cruse or Cunningham to preclude, by virtue of section 6 \u2014 21, social host liability with respect to minors. (Cravens, 223 Ill. App. 3d at 1073.) The court specifically stated that the determination in Cruse that a cause of action did not lie against a social host who furnished alcohol to a \"strong and able-bodied man\u201d was not sufficient reason to deny plaintiffs recovery in Cravens. Cravens, 223 Ill. App. 3d at 1074.\nThe Cravens court also directly addressed a number of appellate court decisions which declined to recognize common-law liability where a social host furnished alcoholic beverages to minors. (223 Ill. App. 3d at 1068.) The court noted that several of these decisions \"recognized the injustice of the present jurisprudence,\u201d because \"the furnishing of alcohol to a minor seriously endangers the health, safety, and welfare of all Illinois citizens.\u201d (223 Ill. App. 3d at 1069.) The court concluded that the present injustice required it to reevaluate current legal precedents. (223 Ill. App. 3d at 1073.) After weighing defendants\u2019 arguments for stare decisis against the \"economic and social devastation\u201d caused by social hosts knowingly permitting minor guests to consume alcoholic beverages to the point of intoxication and then allowing the minors to leave in motor vehicles while intoxicated, the court concluded that stare decisis was not a sufficient reason to preclude the recognition of social host liability under the facts in Cravens. 223 Ill. App. 3d at 1075.\nThe Cravens court emphasized that its holding was\n\"limited to the facts alleged in plaintiff\u2019s pleading, i.e., where (1) a social host has knowingly served alcohol, and permits the liquor to be served, to youths under 18 years of age at the social host\u2019s residence, (2) the social host permits the minors\u2019 consumption to continue to the point of intoxication, and (3) the social host allows the inebriated minors to depart from the residence in a motor vehicle.\u201d 223 Ill. App. 3d at 1076.\nFinally, the Cravens court found that plaintiff properly based her negligence claims for social host liability on alleged violations of the Premises Liability Act (Ill. Rev. Stat. 1991, ch. 80, par. 302 (now 740 ILCS 130/2 (West 1992))) and sections 6 \u2014 16 and 6 \u2014 20 of the Liquor Control Act of 1934 (Ill. Rev. Stat. 1991, ch. 43, par. 93.9 et seq. (now 235 ILCS 5/1 \u2014 1 et seq. (West 1992))). (Cravens, 223 Ill. App. 3d at 1076-77.) The court stated that sections 6 \u2014 16 and 6 \u2014 20 showed that \"minors are to be afforded special protection, under Illinois law, from the deleterious consequences of alcohol abuse and that minors are not deemed capable of appreciating the risks of alcohol consumption.\u201d 223 Ill. App. 3d at 1079.\nSection 6 \u2014 20 of the Liquor Control Act provides, in relevant part:\n\"The consumption of alcoholic liquor by any person under 21 years of age is forbidden. Whoever violates any provisions of this Section shall be guilty of a Class C misdemeanor.\u201d Ill. Rev. Stat. 1991, ch. 43, par. 134a (now 235 ILCS 5/6 \u2014 20 (West 1992)).\nSection 6 \u2014 16, subsection (c), which the Cravens court quoted, provides, in relevant part:\n\"(c) Any person shall be guilty of a petty offense where he or she knowingly permits a gathering at a residence which he or she occupies of two or more persons where any one or more of the persons is under 18 years of age and the following factors also apply:\n(1) the person occupying the residence knows that any such person under the age of 18 is in possession of or is consuming any alcoholic beverage; and\n(2) the possession or consumption of the alcohol by the person under 18 is not otherwise permitted by this Act; and\n(3) the person occupying the residence knows that the person under the age of 18 leaves the residence in an intoxicated condition.\u201d Ill. Rev. Stat. 1991, ch. 43, par. 131(c) (now 235 ILCS 5/6 \u2014 16(c) (West 1992)).\nHere, defendants first urge us not to follow Cravens. Defendants assert that the Appellate Court, Second District, is in accord with the third and fourth districts in refusing to expand alcohol-related liability beyond that provided by the Dramshop Act. However, defendants have not cited, nor has our search revealed, a second district case which addresses the question of social host liability for injuries caused by an intoxicated minor guest in an automobile accident. In the only second district case cited by defendants, Mulhem v. Talk of the Town, Inc. (1985), 138 Ill. App. 3d 829, plaintiff alleged liability by a commercial supplier who sold alcohol to an apparent adult. (138 Ill. App. 3d at 831.) Moreover, the third district recently adopted the rules set forth in Cravens and recognized social host negligence liability in a case with facts similar to Cravens. (Charles v. Seigfried (1993), 251 Ill. App. 3d 1059,1065, appeal allowed (1994), 155 Ill. 2d 562.) Because there is no precedent in the second district, and because the other appellate court districts are split on this issue, we may choose which precedent we consider most nearly correct. (See People v. Kneller (1991), 219 Ill. App. 3d 834, 841.) We conclude that Cravens is most nearly correct and therefore adopt its reasoning.\nDefendants next contend that even if we adopt Cravens, it does not apply here because Cravens is distinguishable on its facts from the facts in this case. Defendants note that both the plaintiff passenger and the driver in Cravens were under 18 years old at the time of the accident, while in this case, the driver, Duff, according to the pleadings, was 18 years old at the time of the accident. Defendants argue that this factual difference is dispositive and that Cravens does not apply to this case because Cravens specifically limited its holding to cases where a social host served alcohol to \"youths under 18 years of age,\u201d and because the Cravens court based its decision on section 6 \u2014 16(c) of the Liquor Control Act, which specifically applies to persons \"under the age of 18.\u201d Defendants conclude that applying Cravens to this case would require going beyond Cravens and would create new law unsupported by any Illinois court and contrary to every other reported decision on the subject by an Illinois court. We disagree.\nDefendants argue that Cravens only applies to social host situations where the underage guest drinkers, particularly the driver in a subsequent motor vehicle crash, are under 18 years of age because Cravens was based on section 6 \u2014 16(c) of the Liquor Control Act (Ill. Rev. Stat. 1991, ch. 43, par. 131(c) (now 235 ILCS 5/6 \u2014 16(c) (West 1992))), which applies only to persons under the age of 18. We conclude that defendants\u2019 reading of section 6 \u2014 16(c) is too narrow.\nContrary to defendants\u2019 view, section 6 \u2014 16(c) not only applies to gatherings of persons all of whom are under 18, but section 6 \u2014 16(c) plainly applies to a gathering at a residence \"of two or more persons where any one or more of the persons is under 18 years of age.\u201d (Ill. Rev. Stat. 1991, ch. 43, par. 131(c) (now 235 ILCS 5/6 \u2014 16(c) (West 1992)).) Thus, section 6 \u2014 16(c) is not limited in its application to gatherings where all the persons at the gathering are under 18 years of age. Rather, section 6 \u2014 16(c) applies if any one or more of the persons at the gathering is under 18 years of age. Furthermore, the statute applies when \"any such person under the age of 18\u201d possesses or consumes alcohol, when not otherwise permitted, and \"leaves the residence in an intoxicated condition.\u201d (Ill. Rev. Stat. 1991, ch. 43, pars. 131(c)(1), (c)(3) (now 235 ILCS 5/6 \u2014 16(c)(1), (c)(3) (West 1992)).) The statute makes no specific mention of a driver, and we do not construe it to require that one who leaves and drives must be under 18 years of age in order for the statute to apply.\nBased on reasonable inferences from the alleged facts, section 6 \u2014 16(c) applies to count I of plaintiff\u2019s second amended complaint, and also clearly applies to count II of the complaint. Section 6 \u2014 16(c) applies because both counts of the complaint alleged that defendants knowingly permitted a gathering at their residence which included one or more persons under 18 years of age who unlawfully possessed or consumed alcoholic beverages, and that defendants knew a person under the age of 18 left the residence in an intoxicated condition. Section 6 \u2014 16(c) applies even though the driver of the car in which plaintiff left the residence was not under 18 because defendants knew that plaintiff, who was under 18, left their residence in an intoxicated condition in the car.\nFor these reasons, we find that defendants\u2019 attempts to distinguish Cravens from this case on the basis of the inapplicability of section 6 \u2014 16(c) fail.\nIn addition, we note that Cravens was not simply based on section 6 \u2014 16(c). Cravens was also based on section 6 \u2014 20 of the Liquor Control Act (Ill. Rev. Stat. 1991, ch. 43, par. 134a (now 235 ILCS 5/6 \u2014 20 (West 1992))) and the Premises Liability Act (Ill. Rev. Stat. 1991, ch. 80, par. 302 (now 740 ILCS 130/2 (West 1992))). Cravens, 223 Rl. App. 3d at 1076-77.\nHere, neither of the two counts of plaintiff\u2019s complaint alleged a violation of section 6 \u2014 20, but both counts alleged violations of another part of the Liquor Control Act, section 6 \u2014 16(a), as an additional basis for social host liability. Section 6 \u2014 16(a) provides, in relevant part:\n\"No person, after purchasing or otherwise obtaining alcoholic liquor, shall sell, give or deliver such alcoholic liquor to another person under the age of 21 years, except in the performance of a religious ceremony or service. Whoever violates the provisions of this paragraph of this subsection (a) is guilty of a Class A misdemeanor.\u201d Ill. Rev. Stat. 1991, ch. 43, par. 131(a) (now 235 ILCS 5/6 \u2014 16(a) (West 1992)).\nWhen section 6 \u2014 16(a) is read in conjunction with section 6 \u2014 16(c) it is clear that the allegations in plaintiff\u2019s complaint were sufficient to state a claim for social host liability based upon violations of the Liquor Control Act. The fact that the driver was not under the age of 18 is of no consequence when sections 6 \u2014 16(a) and 6 \u2014 16(c) are read together. Section 6 \u2014 16(a) imposes a general duty on any person who has obtained alcohol not to then give the alcohol to another person under the age of 21. Section 6 \u2014 16(c) imposes a further duty on a person not to knowingly permit a gathering, including a party, at his or her residence, where one or more persons under 18 years of age possesses or consumes alcohol, becomes intoxicated, and leaves the residence in an intoxicated condition.\nHere, accepting the well-pleaded facts in plaintiffs complaint as true, defendants violated both sections 6 \u2014 16(a) and 6 \u2014 16(c) when they knowingly furnished alcohol to Duff, plaintiff, and others under the age of 21 at a party at defendants\u2019 residence, and where one or more of the guests (plaintiff) was under 18, consumed alcohol, and then left defendants\u2019 residence, with defendants\u2019 knowledge, in an intoxicated condition. Based on defendants\u2019 alleged violations of these statutes, we conclude that both counts I and II of plaintiffs complaint stated a cause of action for social host liability under Cravens.\nWe realize that Cravens itself emphasized that it was limited to its facts and that in Cravens the driver was under 18 years old while here the driver was alleged to be 18 years old. However, for the above reasons, we conclude that this factual difference is not dispositive in terms of applying the Cravens reasoning to this case.\nWe also are aware that Cravens and Charles were based, in part, upon alleged violations of the Premises Liability Act (Ill. Rev. Stat. 1991, ch. 80, par. 302 (now 740 ILCS 130/2 (West 1992))). (Cravens, 223 Ill. App. 3d at 1077; Charles, 251 Ill. App. 3d at 1060.) However, because we can discern nothing in the Premises Liability Act to limit its applicability to minors, and because we view Cravens and Charles as only applying to minors, we do not base our decision, even in part, on premises liability.\nBased on the foregoing, we hold that both count I and count II of plaintiffs second amended complaint stated a cause of action against defendants. We therefore reverse the dismissal order of the circuit court and remand the cause for further proceedings.\nReversed and remanded.\nDOYLE and COLWELL, JJ., concur.", "type": "majority", "author": "JUSTICE PECCARELLI" } ], "attorneys": [ "Baskin, Server, Berke & Weinstein, of Chicago (John R. Malkinson, of counsel), for appellants.", "John W. Barbian, of Wildman, Harrold, Allen & Dixon, of Waukegan (Steven L. Larson, of counsel), for appellees." ], "corrections": "", "head_matter": "PAULA L. BZDEK, a Minor, by her Father and Next Friend, Robert J. Bzdek, Plaintiffs-Appellants, v. SUSAN M. TOWNSLEY et al., Defendants-Appellees.\nSecond District\nNo. 2\u201493\u20140516\nOpinion filed May 16, 1994.\nBaskin, Server, Berke & Weinstein, of Chicago (John R. Malkinson, of counsel), for appellants.\nJohn W. Barbian, of Wildman, Harrold, Allen & Dixon, of Waukegan (Steven L. Larson, of counsel), for appellees." }, "file_name": "0238-01", "first_page_order": 256, "last_page_order": 264 }