SHINN V. ALLEN
984 S.W.2d 308 (1998)
NATURE OF THE CASE: Shinn (P) appealed a decision, which granted summary judgment in
favor of Allen (D), passenger, who was in a car that collided with P and her husband's car,
killing the husband and seriously injuring P.
FACTS: A vehicle driven by Faggard, in which D was a passenger, collided with a vehicle
driven by Robert Shinn, P's husband. Robert was killed in the accident, and P was seriously
injured. On the day of the accident, Faggard picked D up to go and 'hang out.' D and Faggard
were acquaintances and both were under 21 years of age. An hour before the accident Faggard
decided to buy some beer. Faggard and D went to the convenience store where Faggard bought a
twelve-pack of beer. D did not pay for the beer or arrange for the purchase of the beer.
Faggard and D went to Faggard's house and talked and drank the beer. D consumed four or five
beers, and Faggard consumed six or seven. D asked Faggard to take him home because his
parents wanted him home by 7:00 p.m. to eat dinner. During the ride home, D did not think
Faggard was speeding. The collision occurred. P sued D claiming that D had substantially
assisted or encouraged an intoxicated Faggard to drive. D moved for summary judgment
claiming he owed no duty to P. The motion was granted. P appealed under concert-of-action
theory of liability.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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