In Ryan v. Friesenhahn, 911 S.W.2d 113 (Tex. App.--San Antonio 1995), judgment aff'd, 960 S.W.2d 656, 41 Tex. Sup. Ct. J. 261 (Tex. 1998), the defendants were alleged to have allowed their son to invite his friends to their home and, even though the defendants knew these friends to be minors, allowed their son to serve alcohol. Id. at 116. One of the minor girls, after leaving the party in a state of intoxication, died in an automobile accident and her parents filed suit against the boy's parents. Id. at 114-15. The San Antonio court of appeals held that the trial court erred in refusing to allow the girl's parents to amend their pleadings and improperly granted summary judgment for failure to state a cause of action. Id. at 116-18. But the San Antonio Court went on to hold that the girl's parents had pleaded a negligence cause of action based on common law duty as well as per se negligence. Id. at 117-18. The Texas Supreme Court agreed with the San Antonio court that the girl's parents should have been allowed to amend their pleadings, but held that the court of appeals should not have gone further than that ruling because "it is not necessary, and would be inappropriate, to determine whether the Ryans' pleadings appropriately stated a cause of action sounding in either negligence or negligence per se." Friesenhahn v. Ryan, 960 S.W.2d 656, 659, 41 Tex. Sup. Ct. J. 261 (Tex. 1998)