SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
A-3914-98T3
ADEL HANNA and SOPHIE HANNA,
Guardians ad litem of
CHRISTOPHER HANNA, an infant,
and ADEL HANNA, individually,
and SOPHIE HANNA, individually,
Plaintiffs-Appellants,
v.
RONALD STONE and THERESA STONE,
Defendants-Respondents,
and
RICHARD BRUNO, RICHARD BRUNO,
SR., and CYNTHIA BRUNO,
Defendants.
______________________________________
Argued March 14, 2000 _ Decided March 31, 2000
Before Judges Pressler, Kimmelman and Ciancia.
On appeal from the Superior Court of New
Jersey, Law Division, Middlesex County.
Marianne Zembryski argued the cause for
appellants (Mackevich, Burke & Stanicki,
attorneys; Ms. Zembryski on the brief).
Randi S. Greenberg argued the cause for
respondents (Robert A. Auerbach, attorney; Ms.
Greenberg of counsel and on the brief).
The opinion of the court was delivered by
CIANCIA, J.A.D.
During the course of a teenage birthday party one boy struck
and injured another boy. The issue presented in this appeal is
whether summary judgment was properly granted in favor of the
parents who were hosting the party in their home. We hold that it
was.
Defendants Ronald and Theresa Stone permitted their son Ronnie
to have a fourteenth birthday celebration in their home.
Approximately forty or fifty written invitations were issued by
Ronnie to his friends from school and the neighborhood. Although
the Stones did not know each invitee personally, their son did. It
appears most invitations were accepted. The function began around
7:30 p.m., and with one possible exception, only invited guests
were in attendance. The teenagers were in different parts of the
house but the party was concentrated in the basement, where it was
estimated that approximately thirty teenagers were present at the
time of the incident. The basement itself consisted of two rooms,
one approximately twenty feet by twelve feet and one slightly
smaller. There was a "full size" pool table in the larger room and
a disc jockey hired by the Stones for the occasion was in the
smaller room. Mrs. Stone was in and out of the basement five or
ten times before the incident in question. Mr. Stone apparently
only went into the basement on perhaps two or three occasions.
The party had been in progress uneventfully for approximately
one and one-half or two hours when one boy struck another boy in
the face causing injury and eventually leading to the present
litigation. Although unknown to Mr. and Mrs. Stone, approximately
five or six months before the party these two boys had had words on
a school bus and a day or two later had entered into some voluntary
fisticuffs outside school near a basketball court.
Plaintiffs Adel Hanna and Sophie Hanna as parents of the child
struck at the party and in their individual capacities, sued the
Stones as well as the teenager who struck the blow and his parents,
Richard and Cynthia Bruno. The litigation with the Brunos and
their son was eventually resolved. The theory of liability against
the Stones was a negligent failure "to properly supervise all
visitors and invitees on the premises for the birthday party." The
motion judge concluded that the Stones had breached no duty they
might have owed to the Hannas' son and granted judgment in favor of
those defendants. We agree with the motion judge's ruling,
although our rationale is slightly different.
On the facts presented we find no support in our case law for
the proposition that parents of a minor teenager have a duty to
supervise the friends of that teenager when they congregate for a
social occasion at the parents' home. With that absence of legal
support comes the concomitant conclusions that, contrary to
plaintiffs' urgings, parents have no absolute duty to be constantly
present among the teenagers at a social function and no duty to
check the background and relationships of the invitees before
issuing birthday invitations.
On the other hand we disagree with defendants' position that
the duty owed was limited to that which a social host owes to a
social guest, a mere licensee. That duty requires only that the
hosts refrain from willful injury or active wrongdoing and warn of
known risks that are not apparent or known to the licensee. Berger
v. Shapiro,
30 N.J. 89, 97-98 (1959). Such a classification is
perhaps useful in dealing with a condition of property, but here
the primary focus must be on the activity conducted on the
premises. In regard to activities, the duty of the person
conducting the activity, such as parents sponsoring a party for
their son, is "simply to use reasonable care in all the
circumstances." Cropanese v. Martinez,
35 N.J. Super. 118, 122-23
(App. Div. 1955) (quoting Dunster v. Abbott,
2 All Eng. L.R. 1573,
1574 (Ct. App. 1953)). On the facts here presented we are
satisfied that a reasonable jury could not find that the Stones had
breached their duty of reasonable care. Brill v. Guardian Life
Ins. Co. of America,
142 N.J. 520 (1995).
It is helpful to keep in mind what is not involved in the
present case. This is not a situation where a parent has failed to
supervise his or her own child and that failure has resulted in
injury to others. See, e.g., Witter by Witter v. Leo,
269 N.J.
Super. 380 (App. Div.), certif. denied,
135 N.J. 469 (1994), and
Morella v. Machu,
235 N.J. Super. 604 (App. Div. 1989). Nor do we
have a situation where parents permitted liquor or drugs to be
served to minors. No precursor event occurred that evening to put
the parents on notice of animosity between particular guests. The
basement may have been overcrowded but that condition played no
apparent role in the injury to the Hannas' son. Indeed the blow
was struck, it seems, because of preexisting ill-will between the
two boys.
Nothing in the record supports the claim that the defendants
did something or failed to do something that helped to bring about
the injury in question. The Stones innocently brought together two
teenagers who had a history of mutual dislike, but in our view
there was no legal obligation upon them to conduct background
checks of the guests either by questioning their son or otherwise.
The record indicates that defendants' son had always had birthday
parties and there had never been any trouble. The Brunos' son was
known to defendants and he had never caused any trouble at
defendants' house. Moreover, even if defendants had known that the
two boys had had a fight in the school yard approximately five
months prior to the party, that information without more would not
have made foreseeable the single punch thrown at their son's
birthday party. See Rivera v. Columbus Cadet Corps of America,
59 N.J. Super. 445 (App. Div.), certif. denied,
32 N.J. 349 (1960);
Doctor v. Greenberg,
58 N.J. Super. 155 (App. Div. 1959), certif.
denied,
31 N.J. 548 (1960).
Although apparently not yet adopted by New Jersey case law,
the Restatement (Second) of Torts, § 318 (1965), is consistent with
our determination. That section provides that a person who permits
others to use land in his possession is, if present, under a duty
to exercise reasonable care to control the conduct of the third
person, so as to prevent him from intentionally harming others or
from so conducting himself as to create an unreasonable risk of
harm to others, if the person in possession of the property (a)
knows or has reason to know that he has the ability to control the
third person and (b) knows or should know of the necessity and
opportunity for exercising such control. Assuming defendants had
the ability to control a particular guest at their son's party,
there was no evidence from which a reasonable jury might conclude
that they knew or should have known that there was a necessity and
opportunity for exercising such control.
The order dismissing plaintiffs' complaint against Ronald and
Theresa Stone is affirmed.