Phelps v. HebertAnnotate this Case
At the college graduation party of Defendants’ son, a guest brought his all-terrain vehicle (ATV) to the party. Plaintiffs’ daughter, Ashley, requested a ride and voluntarily mounted the ATV. The guest crashed the ATV outside the Defendants’ premises. Ashley suffered traumatic brain injuries and died nine days later. Plaintiffs filed an action against Defendants, alleging negligence and wrongful death. The superior court entered judgment in favor of Defendants, concluding that Defendants did not owe a duty of care to Ashley. The Supreme Court affirmed, holding that Defendants did not owe a duty of care to Ashley under the facts of this case.