A Massachusetts Superior Court Judge is considering a motion to dismiss brought by the defense in a wrongful death case filed against Robert Kraft’s company, Kraft Family, Inc., and certain related companies (“Kraft”). The drunk driving wrongful death lawsuit stems from a tragic underage drunk driving accident that claimed the lives of two Massachusetts teenagers.
The drunk driving accident occurred in 2008 after two teenagers, Debra Davis and Alexa Latteo, became intoxicated while tailgating in a parking lot outside Gillette Stadium during the Country Music Festival. The underage girls drove home after they were not allowed into the festival. On their way home, Latteo crashed the car into a tree, killing both girls and injuring another passenger who was in the back seat.
The plaintiffs claim that the Kraft company, which owns Gillette Stadium, was negligent for failing to act in response to police warnings about underage drinking outside the stadium. They are seeking more than $2 million in personal injury damages and wrongful death damages.
The Kraft lawyers are asking the court to dismiss the case, saying that social hosts cannot be liable for injuries caused by their guests’ drunk driving unless the hosts actually served the alcohol in question to the guests.
The specific question presented is a case of first impression under Massachusetts law.
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