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KNIGHT v. ROWER

Nos. 98-400, 98-485.

742 A.2d 1237 (1999)

Naomi "Sukie" KNIGHT, Administrator of the Estate of David Woodward, Naomi "Sukie" Knight, Individually, and Timothy N. Woodward v. Jacob ROWER, Kenneth Rower, Leslie S. Rower, Heather Pierson, Gidget Rollins, Sally Spear, Donald Leete, Duncan Leete and Geraldine Leete.

Supreme Court of Vermont.

October 29, 1999.

Attorney(s) appearing for the Case

David F. Kelley, Orleans, and John F. Evers of Langrock Sperry and Wool, Middlebury, for Plaintiffs-Appellants.

Duncan Frey Kilmartin of Rexford & Kilmartin, Newport, for Defendant-Appellee Spear.

James C. Gallagher of Downs Rachlin & Martin, PLLC, St. Johnsbury, for Defendants-Appellees Leete.

Present AMESTOY, C.J., MORSE, JOHNSON and SKOGLUND, JJ., and ALLEN, C.J. (Ret.), Specially Assigned.

JOHNSON, J.

Plaintiffs appeal from two superior court decisions dismissing their negligence action against defendants for failure to state a claim upon which relief can be granted. David Woodward and Jacob Rower visited two separate properties, one owned by defendants Duncan and Geraldine Leete and the second owned by defendant Sally Spear. They consumed alcohol on defendants' lands. Woodward was a passenger in Rower's car as they left Spear's property and Rower caused...

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