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Brewer v. Murray

Oklahoma Court of Civil Appeals
292 P.3d 41 (2012)


Facts

Ashley Brewer (plaintiff), 13 years old, was invited to spend the night at Jackson’s (defendant) house with Jackson’s daughter. Brewer’s mother informed Jackson of her rules for Brewer, including that the girls would be supervised by adults at all times and would not drink alcohol. Jackson agreed to these rules. Jackson was present when Brewer’s father dropped her off, but Jackson later left to spend the night at her lake house, leaving the girls unsupervised. Jackson did not inform Brewer’s parents of her departure. After Jackson left, the girls called older boys over to the house and got drunk. Jerry Murray, 19 years old at the time, had sexual intercourse with Brewer. A jury convicted Murray of statutory rape in a criminal proceeding. When Brewer turned 18, she brought a civil suit against Murray and Jackson. The trial court granted Jackson’s motion for summary judgment, finding that Jackson owed no duty to Brewer. Brewer appealed.

Rule of Law

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Issue

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Holding and Reasoning (Fischer, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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