Madigan v. Kerrigan, No. Cv 96 0132101 S (Sep. 2, 1997)
Opinion of the Court
This motion involved an apportionment claim which arose out of an automobile accident on February 26, 1995. The apportionment defendant, Lynn Mathieu, was a passenger in a van which was involved in an accident with a limousine owned by the defendant, Tours, Incorporated, and operated by the defendant, Frank Porto, Jr. A codefendant, Hugh Kerrigan, was the operator of the van which allegedly struck the rear of the limousine which contained the plaintiffs, Scott and Kristen Madigan and Ellen and Joseph Herdzik.
The apportionment complaint alleges that the apportionment defendant Hugh Kerrigan was operating the van under the influence of liquor (in violation of Section
Count six of the apportionment complaint alleges that the apportionment defendant Lynn Mathieu was a patron at Mad Murphy's, Inc. that date and she furnished alcohol and/or allowed others to furnish alcohol to Kerrigan on the night of the accident.
By date of January 17, 1997, the apportionment defendant, Lynn Mathieu, filed a Motion for Summary Judgment as to count six of the apportionment complaint, contending that Connecticut does not recognize an action for negligent service of alcohol when a minor provides alcohol to another minor. On February 20, 1997, the defendants, Tours, Inc. and Frank Porto, Jr., filed a memorandum opposing the motion for summary judgment. CT Page 9107
This court, over the course of the past six months, has pretried this case and numerous other companion cases extensively. All motions had been stayed by this court with the agreement of all parties pending these pretrials. Counsel for the apportionment defendant, Lynn Mathieu, and the defendants, Tours, Inc. and Frank Porto, Jr., agreed to allow this court to hear this motion for summary judgment despite the fact that this case is a Waterbury Judicial District matter. This court agreed to same and oral argument was held on such motion on August 25, 1997. At that time all parties were present and had an opportunity to be fully heard by the court.
II. MOTION FOR SUMMARY JUDGMENT, LEGAL STANDARD
"[S]ummary judgment shall be rendered forthwith if the pleadings, affidavits, and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law."Miller v. United Technologies Corp.,
III. DISCUSSION
The only basis on which the apportionment defendant, Lynn Mathieu (hereinafter "Mathieu"), contends summary judgment should be granted is her argument that Connecticut does not recognize a cause of action for negligent service of alcohol when a minor provides alcohol to another minor. To support her CT Page 9108 position Mathieu cites to two primary cases: Bohan v. Last,
Ely modified this general rule by extending liability to an adult social host who serves liquor to a minor who thereafter injures an innocent third party. Bohan held that there is responsibility on the part of adult purveyors (i.e. bars) to refrain from negligently and intentionally serving alcohol to minors.
Mathieu argues that she was a minor at the time, twenty years of age; and consequently, she can have no liability. Mathieu argues that the law presumes that she is unable to understand the effects of alcohol.
This court is not persuaded by Mathieu's argument. In repeating Mathieu's own language as set out in her memorandum: one must conduct a "thoughtful reflection of trends in modern society". On this basis this court is persuaded by the defendants' arguments regarding who is and who is not a minor. While it is true that Section
1-1d . Minor, infant, infancy, age of majority, defined:Except as otherwise provided by statute, on and after October 1, 1972, the terms minor, infant, and infancy shall be deemed to refer to a person under the age of 18 years and any person 18 years of age or over shall be an adult for all purposes whatsoever and have the same legal capacity, rights, powers, privileges, duties, liabilities, and responsibilities as persons heretofore had at 21 years of age, and "age of majority" shall be deemed CT Page 9109 to be 18 years.
Based on this statutory language, and the clear trend in our society to discourage underage drinking and drinking at any age and driving, it is this court's opinion that a logical extension of both Ely and Bohan mandates that Mathieu not be protected from liability at age twenty. It is difficult for this court to fathom a contrary result: violate the law by drinking underage, provide another underage individual with alcohol, and do not worry about the result of those activities — you are exempt from liability because you are not 21, the legal drinking age. This court cannot envision that this is the direction in which our society should be going nor will this court assist it in that direction.
Both the Ely and Bohan cases are fact driven. Neither deals with a minor, as defined by Section
IV. CONCLUSION
This court finds that Mathieu is not a minor for purposes of determining liability and thus, is not immune from same. Accordingly, Mathieu is a "party against whom recovery is allowed" under Section
HANDY, J.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.