Schooley v. Pinch's Deli Market, Inc

In Schooley v. Pinch's Deli Market, Inc., 134 Wn.2d 468, 951 P.2d 749, 753-54 (Wash. 1998), Schooley was injured after consuming alcohol that was sold by the liquor store to another minor. After purchasing the alcohol from the liquor store, a group of minors played drinking games at the purchaser's house. Schooley was picked up by one of the minors who was going to throw her into a pool. Schooley asked if she could strip down into her bathing suit she had on underneath her clothing, and after doing so she dived into the pool on her own volition. Unfortunately, Schooley dived into the pool where it was only two feet deep and she suffered a spinal cord injury leaving her a quadriplegic. The Washington Court was faced with an issue of first impression and held that Schooley's complaint stated a claim that should be decided by a jury: Reasonable minds could conclude that a minor purchasing substantial amounts of alcohol would share that alcohol with friends. Thus, it is a question for the jury as to whether under these facts it was foreseeable that the alcohol would be shared with others. Factors that may be considered include, but are not limited to, the amount and character of the beverages purchased, the time of day, the presence of other minors on the premises or in a vehicle, and statements made by the purchaser. (951 P.2d at 754.)