Wakulich v. Mraz, 203 Ill. 2d 223

785 N.E.2d 843, 271 Ill. Dec. 649 (2003) · Supreme Court of Illinois · February 6, 2003 · No. No. 92128

Summary

The Supreme Court of Illinois held that Illinois does not recognize common-law social host liability for providing alcoholic beverages to minors, adhering to its prior decision in Charles v. Seigfried. The court concluded that the plaintiff adequately pleaded a negligence claim based on defendants’ voluntary undertaking to care for the minor after she became unconscious. The court affirmed the appellate court’s judgment and remanded for further proceedings on that theory.

Holdings

  1. Illinois recognizes no common-law cause of action for injuries arising from the sale or gift of alcoholic beverages by social hosts, including adults who provide alcohol to minors, apart from the limited liability created by the Dramshop Act.
  2. The complaint did not state a claim under the limited theory recognized in Quinn and Haben because the alleged conduct occurred at a private residence and did not involve a college fraternity or similar organization requiring dangerous drinking as a condition of membership.
  3. The complaint adequately stated a negligence claim based on Michael and Brian's voluntary undertaking to care for Elizabeth after she became unconscious.
  4. The complaint sufficiently alleged negligent performance and increased risk of harm even though some alleged conduct consisted of failing to summon medical assistance.
  5. The plaintiff did not waive the request to amend the Survival Act claims because seeking amendment in the trial court would have been futile under the circumstances.

Questions Presented

  1. Whether Illinois should recognize common-law social-host liability for adults who provide alcoholic beverages to minors.
  2. Whether the alleged pressure to drink at a private residence brought the claims within the limited fraternity-hazing exception discussed in Quinn and Haben.
  3. Whether the complaint adequately stated a negligence claim based on defendants' voluntary undertaking to care for an unconscious person.
  4. Whether the plaintiff waived a request to amend the Survival Act claims to cure an alleged technical defect in the capacity of the named administrator.

Disposition

affirmed

Cases Cited (26)

  • Charles v. Seigfried, 165 Ill. 2d 482, 209 Ill. Dec. 226, 651 N.E.2d 154 (1995)(followed)
  • Jarvis v. South Oak Dodge, Inc., 201 Ill. 2d 81, 265 Ill. Dec. 877, 773 N.E.2d 641 (2002)(followed)
  • Weatherman v. Gary-Wheaton Bank of Fox Valley, N.A., 186 Ill. 2d 472, 239 Ill. Dec. 12, 713 N.E.2d 543 (1999)(followed)
  • Hoffman v. Lehnhausen, 48 Ill. 2d 323, 269 N.E.2d 465 (1971)(followed)
  • Zimmerman v. Village of Skokie, 183 Ill. 2d 30, 231 Ill. Dec. 914, 697 N.E.2d 699 (1998)(followed)
  • Neff v. George, 364 Ill. 306, 4 N.E.2d 388 (1936)(followed)
  • Prall v. Burckhartt, 299 Ill. 19, 132 N.E. 280 (1921)(followed)
  • Payne v. Tennessee, 501 U.S. 808, 111 S. Ct. 2597, 115 L. Ed. 2d 720 (1991)(followed)
  • Chicago Bar Ass'n v. Illinois State Board of Elections, 161 Ill. 2d 502, 204 Ill. Dec. 301, 641 N.E.2d 525 (1994)(followed)
  • Heimgaertner v. Benjamin Electric Manufacturing Co., 6 Ill. 2d 152, 128 N.E.2d 691 (1955)(followed)

Showing top 10 of 26.

Cited In (0)

No citing cases on record yet.

Download CaseDownload Case DataDownload Case and DataDownload AI Instructions

Court Document

Open PDF
Loading document…

More from Illinois Supreme Court