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Hays v. Royer

384 S.W.3d 330 (2012)

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Hays v. Royer

Missouri Court of Appeals

384 S.W.3d 330 (2012)

Facts

Scott Hays worked for and partly owned Royer Hays Funeral Services, LLC (defendant). Hays drove to a bar in a van owned by the company and the company’s other individual owners (collectively, Royer) (defendants). Hays became intoxicated and was killed in an accident on his way home. Hays’s wife and son (the Hayses) (plaintiffs) brought a wrongful-death action against Royer, alleging that Royer negligently entrusted its van to Hays. The Hayses alleged that Royer knew or should have known that Hays was habitually intoxicated and therefore an unsafe driver. Royer moved to dismiss the action, arguing that Royer did not have a duty to protect Hays from his own consumption of alcohol. The circuit court granted the motion to dismiss. The Hayses appealed.

Rule of Law

Issue

Holding and Reasoning (Mitchell, J.)

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