Law, Business, and Society 9th Edition by Tony McAdams

Exercise 26

After drinking at the Elks Lodge, Dionne was escorted to a taxi where the driver, Grader, was told to take Dionne home because he had too much to drink. Dionne would not give Grader directions to his home and then told Grader to take him to another bar. Dionne paid his fare and went into the second bar, and later that bar summoned the same cab to take Dionne home. On this occasion, Dionne told Grader to take him to a convenience store. Dionne conducted his business there with no overt signs of intoxication. He then returned to the cab and asked to be driven back to the Elks Lodge. Grader deposited Dionne at the Elks Lodge and watched as Dionne passed by his own car in the parking lot. Grader heard other voices in the lot, assumed Dionne would be fine, and resumed his work. Later that evening Dionne died in a single-car accident. His blood-alcohol level was.25. The facts are not clear as to whether Dionne drank more after leaving Grader's cab. The taxi service was sued for negligence for not taking Dionne home. How would you rule on that negligence claim Explain. See Mastriano v. Blyer, 779 A.2d 951 (Sup. Jud. Ct. Maine 2001).