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Case 9 Tobin v. Norwood Country Club



Identify the Plaintiff(s) in the case.     


Identify the Defendant(s) in the case.     


Is/Are the Plaintiff(s) seeking money as compensation for their damages?


Who rented the room for the party?


Did the party pay for the room?  If not, explain.


What were the party organizers responsible to pay for?


What was Norwood Country Club’s policy on the number of drinks served to a customer at any one time?  Was this policy followed?  Give specifics.


Did Norwood Country Club know minors were at the party?


Did Norwood Country Club know minors were drinking alcohol?  If not, what facts illustrate that the club should have known?


Who is Paul Moran, and what was his “role” at the party?


What actions did Paul Moran take to prevent underage drinking at the party?


Who is Patricia Erwin, and what actions did she take to prevent underage drinking?


What was the decedent’s blood alcohol level two hours after her death?


In your opinion, was the deceased teenage girl responsible or partially responsible for her own fate in this case?


Did Norwood Country Club owe a duty of care to the minor?


Was the duty of care breached?  Explain.


Was the breach of the duty of care the actual cause of the injury to the minor?  In other words, but for the club serving alcohol to the minor to the point of intoxication, would she have walked into the middle of the street and been killed by oncoming traffic?  Explain.


Was the death of the minor a reasonably foreseeable result of the club’s failure to control the underage drinking at the party?  In other words, by failing to prevent underage drinking at the party, was it reasonably foreseeable that the teenage girl would drink to the point of intoxication and later be injured?  Explain.


Did the minor contribute to her own death in any way? If so, please assign a percentage of liability to her for her actions.  Explain.



Explain your decision.

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