The family of a Farmington teenager killed by a drunken driver in 2022 is appealing a judge’s ruling that Live Nation, the promoter of a concert where the driver became intoxicated at a tailgating party, had no obligation to stop him from getting behind the wheel and cannot be held liable for the harm he caused.
The appeal comes amidst a lawsuit filed by the parents of 17-year-old Luke Roux, who was driving home from a baseball game on June 25, 2022, when his car was struck by a vehicle being driven by Jacob Coffey as the latter sped through a red light going more than 80 mph at the intersection of Colt Highway and Birdseye Road in Farmington, the lawsuit states. The suit was filed in December 2022 in Hartford Superior Court and names Coffey and Live Nation Worldwide Inc., as well as several others, as defendants.
The appeal argument will be heard Wednesday before Connecticut Appellate Court Judges Bethany J. Alvord, Nina F. Elgo and Melanie L. Cradle.
According to the civil complaint, Coffey was consuming alcohol prior to a concert he planned to attend at the Xfinity Theatre in Hartford but was denied entry because he was so intoxicated. He allegedly became “combative” with security personnel and was allowed to drive off, the lawsuit states.
In June 2023, Coffey pleaded guilty to one count of first-degree manslaughter and was sentenced to 66 months in prison, followed by five years of probation.
The lawsuit contends that “Live Nation had acted negligently by failing to take adequate measures to address the risks posed by permitting its patrons to consume alcohol on its premises before concerts and by failing to properly address the danger presented by Coffey in particular.” The suit also asserted a claim of public nuisance, “alleging that Live Nation’s conduct was unreasonable and had a natural tendency to create a continuing danger that interfered with the general public’s right to use the public roads.”
According to Judicial Branch records, a judge in the civil litigation ruled in favor of attorneys representing Live Nation who filed a motion to strike counts “of a complaint as legally insufficient because they fail to state claims upon which relief can be granted.”
“The trial court granted the defendant’s motion and ultimately rendered judgment on the stricken claims in favor of Live Nation,” court records tied to the appeal state.
In the ruling, a judge cited a common-law rule “reiterated” in Demond vs. Project Service, LLC, a case involving a homeless man who consumed alcohol at a service station in Montville in March 2012 before getting behind the wheel and causing a multi-vehicle crash on Interstate 395, killing Benjamin Demond and seriously injuring Demond’s young sons. In that case, the Appellate Court reversed, in part, a judgment against the service station after the station contended “that their contractual undertaking to prohibit loitering and alcohol consumption at the service plaza did not create a duty to third-party motorists injured off the service plaza premises by a drunk driver who became intoxicated at the service plaza,” according to case law.
Citing Demond vs. Project Service, a judge ruled that “Live Nation had no duty to take any action” because “a property owner cannot be held liable for harms caused by adults who become intoxicated on the property and cause injury only after leaving to drive on the public roads.”
A judge also found that the public nuisance claim “failed as a matter of law” because “established legal principles deem the sole proximate cause of a drunk driving collision to be the driver’s decision to become intoxicated,” according to the appeal.
The appeal filed by an attorney representing Roux’s parents argues that the judge “erred in concluding that Demond precluded imposition of a duty.”
“In their view, the trial court should have determined the issue using general principles governing the recognition of a legal duty,” the appeal states. “The plaintiffs argue that, under the particular facts of this case, these general principles weigh in favor of finding that Live Nation had a duty to prevent Coffey from driving drunk.”
“They contend, more specifically, that a duty may be properly imposed on a property owner who allows the consumption of alcohol on its premises when it takes some affirmative action against a highly intoxicated patron that would foreseeably cause such person to drive while intoxicated,” according to the appeal.
The appeal also argues that “the trial court erred in relying on the proximate causation principles stated in Demond” because “those principles were based on a now-overruled case.”
According to the appeal, the “per-se rule” that the judge relied upon in the present case “was abrogated” by Craig vs. Driscoll case law in 2003 where “the Supreme Court observed that this rule runs counter to generally applicable proximate causation principles.” In Craig vs. Driscoll, the Appellate Court reversed the judgment of the trial court that struck counts against a pub in Norfolk that served alcohol to Steven Driscoll before he was involved in a crash that killed 18-year-old Sarah Craig.
The Roux appeal will be argued at the Classical Magnet School Theater on Woodland Street in Hartford as part of the state Judicial Branch’s “On Circuit” program which allows students to hear court cases. The Appellate Court has heard arguments at several high schools, colleges and universities since the program began in 1996.
“We thank the courts for providing students the opportunity to learn about our case,” Steve and Carri Roux said in a statement issued Thursday. “While nothing can bring our son Luke back, we remain focused on our mission to eliminate impaired driving.”
“Awareness alone won’t stop this reckless behavior,” the parents went on to say. “It’s essential that businesses, particularly those involved in hosting events, evaluate their practices and take responsibility. They must be held accountable for ensuring that their actions do not enable or encourage such dangerous behavior.”
The Rouxs, who run the Luke Roux Memorial Fund, also launched the Luke Roux Memorial Foundation that will aim to prevent and eventually eliminate similar tragedies. The parents have said they hope to help make local schools aware of educational resources that are available about drunken driving and hopefully reach more drivers with Luke’s story.
An attorney representing Live Nation did not immediately respond to a request for comment Thursday. An email seeking comment also was sent.
