A Short Note On Ms. Carlson 's Accident Essay
A. Mr. Werman knew that Ms. Carlson was intoxicated.
Mr. Werman knew that Ms. Carlson was intoxicated because of her actions and behavior while at Mr. Werman’s party. In McGuiggan., the McGuiggans did not know their guest was intoxicated because the guest did not act intoxicated. Id. Alternatively, when a guest acts intoxicated, the host will know the guest is intoxicated. Pollard v. Powers, 50 Mass. App. Ct. 515, 738 N.E.2d 1144 (Mass. App. Ct. 2000).
The host will not know a guest is intoxicated if the guest does not show signs of intoxication. McGuiggan, 398 Mass. 152. In McGuiggan, the hosts threw a party and a guest later drove intoxicated. Id at 154. Before the guest left, the hosts spoke with the guest and the hosts allowed their son to ride in the car Magee drove. Id. at 155. One of the hosts testified that if she thought the…