74
C
ASE: 10
BACKGROUND
· The Defendant, Norwood Country Club, is a commercial establishment that serves meals and
alcoholic beverages to the general public. It also makes its facility available for private parties by
special arrangement.
· A teenage girl became severely intoxicated at the club, which was hosting a party for her
boyfriend's family. After ghting with her boyfriend at the club, she left on foot, and, while
speaking with her friends who were urging her to get into their car, was struck by a vehicle in the
middle of the highway. The minor's blood alcohol level was recorded as .229--nearly three times
the legal limit of .08.
· The Plainti , the family of the deceased teenager (John M. Tobin, Administrator of the
Estate) sued the club following the death of a teenage girl utilizing the Commonwealth of
Massachusetts' Dram Shop Act.
· The minor's family alleged that Norwood Country Club was negligent in breaching its duty of
care owed to their daughter since it knew or should have known that minors were drinking
alcohol during the party.
BEFORE YOU BEGIN
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You Be the Judge!
Tobin v. Norwood Country Club, Inc.
Duty of Care in Refraining from Serving Alcohol to Minors
What is a Dram Shop Act?
A Dram Shop Act creates liability for liquor
stores and other commercial establishments
that serve alcoholic beverages to minors.
Dram Shop Acts establish liability of
establishments from the sale of alcohol to
minors where said minors are injured or cause
injury to third parties.
What is the duty of care?
The duty of care is the rst of four elements
that a plainti must prove to establish a
negligence action against a defendant. The
duty of care element requires proof that the
defendant owed the plainti a duty of care
to protect him/her from harm. The amount
or level of care owed by the defendant to a
plainti is quali ed by the type of relationship
the parties are engaged in: such as, lawyer-
client, physician-patient, employer-employee,
and in this case, landowner-invited guest,
otherwise known as a business invitee.
What is reasonable care?
Reasonable care is the obligation of a person
to behave as a reasonably prudent person
using the ordinary degree of care required in
the circumstance.
For Evaluation Purposes Only