Cannizzaro v. Marinyak
Annotate this CaseJanine Cannizzaro (Plaintiff) was involved in an automobile accident with Stephan Marinyak that caused catastrophic injuries to Plaintiff. Shortly before the accident, Marinyak, who was working for Diane Mayo (Defendant) during the restoration of Defendant's home, had consumed alcohol on the work site before leaving the premises in his car. Plaintiff sued Defendant, alleging negligent supervision, negligent service of alcohol, and reckless service of alcohol. The trial court granted summary judgment for Defendant. The Supreme Court affirmed, holding that Defendant did not owe Plaintiff a duty of care where Defendant never served alcohol to Marinyak, had no knowledge that Marinyak was drinking while on her property, had instructed a supervisor that she did not want Marinyak drinking while on her property, and was not present on the day of the accident.
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