Let's see if we can get this story straight. (So to speak.)
A thirteen-year old kid was sleeping over a friend's house when during the course of her stay she somehow managed to develop alcohol poisoning.
In a negligence suit filed in the Orange County Supreme Court against Steven Weiner and others (the sleepover's hosts), the injured teen (and her parents) alleged that the Weiners had disregarded a duty "to adequately supervise" the visiting child.
When the Weiners moved to dismiss the case, the Supreme Court denied the request. But, on appeal, the Appellate Division, Second Department, reversed.
The appellate court was persuaded by the fact that the child had slept over the Weiners' home some ten times "without incident," and that there had been no indication (after sporadic checks) that alcohol had been consumed by the youngster on the evening in question. Since the Weiners were not "insurers" of the child's safety, and no breach of any duty on their part could be discerned, the lawsuit against the defendants was smashed.
(Someone may want to consider locking the liquor cabinet.)
For a copy of the Appellate Division's decision, please use this link: Moreno v. Weiner