PJC General Negligence 2022

PJC 5.5

N EGLIGENCE P ER S E

1993), guests from ages eighteen to twenty, Smith v. Merritt , 940 S.W.2d 602, 608 (Tex. 1997), and guests under age eighteen, Reeder v. Daniel , 61 S.W.3d 359, 360–61 (Tex. 2001). See also Nall v. Plunkett , 404 S.W.3d 552, 555–56 (Tex. 2013) (extending no-duty element of social host liability claim to encompass duty element of negligent undertaking claim). Adult provides alcoholic beverages to person under eighteen. Section 2.02(c) provides: (c) An adult 21 years of age or older is liable for damages proxi mately caused by the intoxication of a minor under the age of 18 if: (1) the adult is not: (A) the minor’s parent, guardian, or spouse; or (B) an adult in whose custody the minor has been commit ted by a court; and (2) the adult knowingly: (A) served or provided to the minor any of the alcoholic beverages that contributed to the minor’s intoxication; or (B) allowed the minor to be served or provided any of the Tex. Alco. Bev. Code § 2.02(c). Jury submissions of actions based on statutory liability should follow the language of the statute as closely as possible. See Spencer v. Eagle Star Insurance Co. of Amer ica , 876 S.W.2d 154, 157 (Tex. 1994). The following questions cover the statutory ele ments for an adult provider’s liability in an action based on section 2.02(c): QUESTION ______ Did Pete Provider knowingly— 1. serve or provide to Mary Minor any of the alcoholic bev erages that contributed to Mary Minor ’s intoxication, if any; or 2. allow Mary Minor to be served or provided any of the alcoholic beverages that contributed to Mary Minor ’s intoxication, if any, on the premises owned or leased by Pete Provider ? Answer “Yes” or “No.” Answer: _______________ alcoholic beverages that contributed to the minor’s intoxication on the premises owned or leased by the adult.

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