Negligence – Proximate Cause

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Civil

7^th Circuit Court of Appeals

Officials: BAUER, FLAUM, and MANION, Circuit Judges

Negligence – Proximate Cause

14-3171 Robert Spierer v. Corey Rossman

Where classmates drinking with missing student immediately before her disappearance not held negligent.

“Because he was with Lauren the majority of the evening and bought drinks for her, Rossman was nearest to assuming a duty to care for her. But he also appears to have been intoxicated—so much so that it is questionable whether he could effectively take care of himself, still less another person. “Indiana courts have shown great reluctance to require an individual to take any action to control a third party when there is no special relationship between them.” Hawn, 598 N.E.2d at 633. We have found no decisions under Indiana law where persons were held liable for the actions of their social peers, absent additional factors not present here. To hold otherwise would be to extend the reach of negligence far beyond special relationships and into virtually all social relationships and situations where a risk of danger might be present.”

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.