No Special Duty of Care Owed to Drunk Buddy

Many jurisdictions hold that a person's intoxication "to such an extent that he or she is unable to take proper care of himself or herself does not impose on others an affirmative duty to provide for his or her safety." 65 C. J. S. Negligence sec. 84. Tennessee specifically holds an adult's voluntary intoxication does not relieve that person of the consequences of his own negligence. Kirksey v. Overton Pub, Inc., 739 S.W. 2d 230 (Tenn. App. 1987). An intoxicated person's conduct "must be measured against the conduct of an ordinary, reasonable person rather than an ordinary and reasonable intoxicated person." Morgan v. State, 2004 WL 170352 (Tenn. App. 2004).

These same rules apply to a person over 18 but under 21 years old. While emancipated in Tennessee at age 18, alcohol may not be sold legally to a person under age 21. So when Cody Downs and his buddies were partying in Williamson County, Downs' voluntary intoxication did not impose a special duty of care on his drinking buddies and Downs was held to the standard of care for an ordinary, reasonable and sober adult.

While partying with friends, Downs became sick. The truck in which he was a passenger was stopped for him to regurgitate on the roadside. Rather than let him back in the truck to perhaps regurgitate on them, Downs rode in the bed of the truck. Somewhere along the way, Downs got out of the truck, was hit by another vehicle on I-65 in Davidson County, and died from the trauma.

His drinking buddies drove several miles before noticing he was no longer in the bed of the truck. They knew not when, how, or where he got out of the bed of the drunk. They didn't go back to check on him either.

Finding he was not "helpless" the Tennessee Middle Section Court of Appeals held no special duty of care was owed by the driver or owner of the truck nor any of the other drinking buddies. Downs v. Bush, M2005-01498-COA-R3-CV.