After leaving a New Year's Eve party hosted by Michael and Susan Oliver, Michael Stolzman--who was reportedly driving with a blood alcohol content of .14 percent (nearly twice the legal blood-alcohol limit)--crashed into Jennifer Martino.
Martino and Judith Rost, who both suffered severe injuries, sued the Olivers for not monitoring Stolzman's alcohol consumption during the course of the evening and for allowing him to drive in an intoxicated state.
Even though the Niagara County Supreme Court and the Appellate Division, Fourth Department, denied the Olivers' request to have the case dismissed, our state's highest court was of the view the Olivers weren't legally liable for what transpired.
According to the New York State Court of Appeals, the duty to control guests is limited to such time as they remain on your property. As a result, once Stolzman left their driveway, the Olivers weren't responsible for any ensuing events.
No drinking to that.
To view a copy of the Court of Appeals' decision, please use this link: Martino v. Stolzman