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Keywords

plaintiffnegligenceliabilityappealplea

plaintiffdefendantnegligenceliabilityappealtrialpleamotionpiracy

Related Cases

Smith v. Anheuser-Busch, Inc., 599 A.2d 320, 16 UCC Rep.Serv.2d 595

Facts

Edward E. Smith, an underage driver, suffered serious permanent injuries after consuming beer and driving while intoxicated. He brought suit against Anheuser–Busch, claiming that the company's media advertising led him to purchase and consume beer, ultimately causing his injuries. The Superior Court dismissed all counts against Anheuser–Busch, ruling that Smith did not adequately identify specific advertisements or demonstrate how they affected his decision to drive intoxicated.

In this case the plaintiff had brought suit against several defendants. His claims against Anheuser–Busch were based on theories of fraud, negligence, products liability, breach of implied warranties, breach of express warranty, and civil conspiracy.

Issue

Did the plaintiff, Edward E. Smith, adequately demonstrate reliance on Anheuser–Busch's advertising in his claims of fraud, negligence, and other theories?

Rule

The court ruled that a plaintiff must demonstrate reasonable reliance on specific advertising to succeed in claims of fraud, negligence, and products liability, and that no reasonable person could rely on representations suggesting that driving while intoxicated is safe.

Moreover the trial justice determined that whereas plaintiff had not pleaded reliance, had he done so adequately, recovery as a matter of law was not possible because plaintiff could not demonstrate reasonable reliance since no reasonable person could have relied on any alleged representation in media advertising that driving while intoxicated is safe or acceptable.

Analysis

The court applied the rule by examining the plaintiff's failure to identify specific advertisements and how they influenced his behavior. It noted that even if Smith had pleaded reliance, he could not demonstrate reasonable reliance as a matter of law, since no reasonable person could believe that driving while intoxicated was safe based on media advertising.

The trial justice granted the motion of Anheuser–Busch, Inc. to dismiss with prejudice, ruling that plaintiff had failed to identify specific advertising he had seen and how it had affected him.

Conclusion

The Supreme Court affirmed the dismissal of the plaintiff's appeal, concluding that the claims against Anheuser–Busch could not stand due to the lack of demonstrated reliance on specific advertising.

For these reasons, the plaintiff's appeal is denied and dismissed, the order appealed from is affirmed, and the papers of the case are remanded to the Superior Court.

Who won?

Anheuser–Busch prevailed in the case because the court found that the plaintiff failed to establish the necessary elements of his claims, particularly the lack of reasonable reliance on advertising.

The Superior Court had granted the motion of the defendant, Anheuser–Busch, Inc., to dismiss all counts.

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