Offense of intentional tampering with, removal of, or vandalism to device -- Aiding, abetting or assisting. Disclaimer: These codes may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site.
Please check official sources. Justia Legal Resources. Find a Lawyer. Law Students. Although the record indicates that Christopher had consumed some amount of alcohol earlier in the evening and also indicates that he may have procured a beer from Will Rice while at the Roberson home, nothing in the record indicates that Christopher solicited, procured, or drank alcohol in the presence of Mrs. All of the testimony indicates that Christopher exhibited no signs of intoxication on the evening of September 7, ; and, in fact, the post-mortem blood tests performed bear witness to his sobriety that night.
On the other hand, the evidence does indicate that Megan Woods was intoxicated on September 7, ; and there is sufficient evidence in the record to create at least a question of fact as to whether Mrs. Roberson knew, or should have known, that Megan was impaired.
However, this fact alone does not automatically create a duty of care owed by the Robersons toward Christopher. In truth, the fact that Megan was intoxicated makes it all the less foreseeable that a sober person, such as Christopher Phelon, would allow her to operate his vehicle. Despite the fact that it was not reasonably foreseeable that sometime after departing the Roberson home, Christopher Phelon would have allowed an intoxicated Megan Woods to drive his vehicle, Tennessee Courts have, in limited circumstances, held that a duty may arise when a "special relation" exists.
The duty which might arise under a "special relation" was discussed extensively by our Supreme Court in Biscan v. Brown, S. Both of the parties to this appeal rely upon Biscan for their respective positions on the question of whether Christopher Phelon was owed a duty of care by the Robersons.
In Biscan , a father chose to host a party in his home to celebrate his daughter's eighteenth birthday. The majority of those who attended the party were students who attended school with the host's daughter. No written invitations were given; rather, the host's daughter personally extended invitations.
The father did not serve alcohol, or make alcohol available at the party. However, he admitted that he expected that minor guests would bring and consume alcohol while on his property. The father had previously hosted similar parties given by his older son.
As a result of having given such parties, the father had developed his own "rule". The "rule" imposed by the father was that any guest who chose to drink alcohol would not be permitted to leave the party and would be required to spend the night. The guests were advised of this "rule" prior to the party. In Biscan , the plaintiff decided she wanted to leave the party. She asked a friend, Hughes Brown, who was also a guest at the party, for a ride.
The plaintiff and Mr. Brown then left the party. When they departed, Mr. Approximately one mile from the site of the party, Mr. Brown and Ms. Biscan were involved in a one car accident, which resulted in serious injury to Ms.
Although similar, the facts of the case at bar can be distinguished from those of Biscan. First, in Biscan , there was a pre-planned party where invitations were extended in advance. Second, in Biscan , the father had instructed his daughter to inform the guests of his "rule" that if anyone consumed alcohol that person would not be permitted to leave the party and would have to spend the night on the property. Biscan arrived at the party intending to stay the night. In short, the father in Biscan intended to exercise control over his guests by imposing his "rule".
In the case at bar, however, neither Christopher Phelon nor Megan Woods intended to spend the night at the Roberson home. In fact, both Christopher and Megan had been instructed to return home by their respective parents. Although Rebecca Roberson testified that she imposed an curfew on those minors who stayed overnight at her home, this "rule" did not apply to Christopher or Megan by virtue of the fact that they were both uninvited and unexpected guests.
Furthermore, in Biscan , the driver of the vehicle in which Ms. Biscan was a passenger was intoxicated; his blood alcohol level was. As discussed above, in this case, there is no proof that Christopher Phelon, who was driving at the time he and Megan left the Roberson home, was intoxicated. Tennessee Courts have consistently held that for a duty to arise because of a special relation the defendant must have the ability, capacity, means or authority to control the other person.
Collis Foods, Inc. Montgomery Elevator Co. In Biscan , the Court found that the father intended to exercise precisely that control which would have prevented Mr. Brown from leaving the party in an intoxicated state. The father asserted his control by imposing a "rule" and then failed to follow through.
Here, Rebecca Roberson did not attempt to exercise control over Christopher Phelon because she had no reason to know, or to believe, that he was incapable of operating his vehicle. The Biscan Court used a balancing test, "balancing the degree of foreseeability of harm against the burden upon the defendant to avoid the harm by acting different. As discussed above, it was not foreseeable that, after leaving the Roberson house for a short trip to a Union City drive-through restaurant, that the sober driver Christopher Phelon would relinquish control of his own vehicle to an intoxicated Megan Woods.
For the foregoing reasons, we affirm the Final Order of the trial court. Costs of this appeal are assessed to the Appellants, Betty Puckett and Terry Phelon, and their surety. Your Notes edit none. Montgomery v. Kali Orexi Brian N. Knight, M. Chance Dudley, Kristy Dudley, and D. Chad Dudley Collins v. Barry L. Arnold Edwin R. Oliver, a Authorities 15 This opinion cites: Byrd v. Michael Reese Hosp. Please support our work with a donation. Rebecca D. May 18, Session. June 30, Permission to Appeal Denied December 5, The Complaint reads, in relevant part, as follows: III.
Chris Phelon, age seventeen, was killed in a vehicle accident on September 8, , while riding as a passenger in a vehicle driven by Megan Woods, also a minor, who was impaired following the consumption of alcohol at the home of the Defendants. For several months and on many occasions prior to the accident of September 8, , the Defendants, both adults, had encouraged high school students to come to the home of the Defendants for the purpose of consuming alcoholic beverages.
On the night of September 7, , several students, including Chris Phelon and Megan Woods, met at the home of the Defendants and were permitted by the Defendant, Rebecca D. Roberson, to consume alcoholic beverages at the Defendants' home. On the night of September 7, , Chris Phelon and Megan Woods had visited at the home of the Defendants, consumed alcoholic beverages, temporarily left to obtain food for others who were at the home, and were returning when the accident occurred which caused the death of Chris Phelon.
On the date of September 7, , and on numerous occasions prior to that date, the Defendants, Rebecca Roberson and Keith Roberson, had permitted and encouraged high school students, all under the age of eighteen, to come to the home of the Defendants where alcoholic beverages were being openly consumed by the students. The Defendants knew on and before September 7, , that the purchase and consumption of alcoholic beverages by minors was unlawful and in violation of the criminal law of the State of Tennessee.
The Defendants assisted the minors, including Megan Woods and Chris Phelon, in the violation of the following section of Tennessee Code which was in effect and applicable on September 7, , to the conduct at the home of the Defendants: The Defendants were guilty on September 7, , of contributing to the delinquency of minors in violation of Tennessee Code a : The Defendants, Rebecca Roberson and Keith Roberson, aided and abetted the minors in the unlawful possession and consumption of alcoholic beverages, and it was this conduct on the part of the Defendants which encouraged the unlawful use of alcoholic beverages by the minors involved [in] the vehicle accident which caused the death of Chris Phelon.
The Defendants had a duty and obligation to properly supervise the minors who were at their home on the night of September 7, , and the Defendants breached this obligation. It was the breach of this obligation that led to the circumstances which caused the death of Chris Phelon. After Rebecca Roberson knew on the night of September 7, , that the teenagers were consuming alcoholic beverages at the home of the Defendants, she negligently failed to properly supervise the minors who were visiting at her home, including Megan Woods and Chris Phelon.
The acts of negligence of the Defendants, as described above, and their omissions in failing to properly supervise the minors visiting at their home, set in motion the events which culminated in the death of Chris Phelon.
The minors came to the home of the Defendants in vehicles, and the Defendants knew that the minors were planning to drive after consuming alcoholic beverages. The Defendants were obligated to discourage the use of alcohol by the minors and to take all reasonable steps to prevent the minors from drinking and driving. The Defendants breached this duty which cause the minors, including Megan Woods, to become impaired. On November 30, , the trial court entered its "Order Granting Summary Judgment" the "Final Order" , which reads, in pertinent part, as follows: There is evidence in the record that a number of people were drinking while at the defendants' home, and that the defendant, Rebecca Roberson, knew or should have known that they were.
Before going to the defendants' home, Megan Woods purchased a pint of pure grain alcohol and had mixed a drink with Gator-Aid in a [plastic] cup. She carried the drink into the defendants' home. She does not remember whether this was her first drink or her second drink. However, there is some evidence that she mixed a drink while in the defendants' kitchen.
The evidence is disputed as to whether Megan Woods appeared to be intoxicated while at the defendants' home and as to whether Mrs. Roberson knew or should have known that Megan was drinking while she was there. The night of September 7th was the first time Megan Woods had been inside the defendants' home. She was not expected and had not been invited to spend the night.
However, after she arrived, Mrs. Roberson asked her if she was spending the night. Megan said she did not know as she had to call her mother. Megan's mother later told her to come home, but this was not communicated to Mrs. Roberson testified that she had several rules. She did not allow smoking in her home, and there was not supposed to be any drinking. Curfew was at p. This meant that any overnight guest who was at her home at p.
Megan Woods was at the defendants' home for less than 30 minutes. She and Chris Phelon left to get something to eat. She agreed to bring the defendants' daughter a Coke freezy. The accident occurred approximately one hour after they left. The plaintiffs rely upon two separate theories of liability. They allege that a special relation existed between the defendants and Megan Woods and Chris Phelon. See Biscan v. Brown , Court of Appeals No.
As stated in Biscan , "One generally does not have a duty to control the conduct of another so as to prevent that person from injuring a third party Despite this general rule, such a duty may arise when a special relation exists between the defendant and either 1 the person whose conduct threatens to cause harm or 2 the person exposed to harm By recognizing this exception, Tennessee courts have adopted the restatement second of torts Section , which describes the exception as arising where a special relation imposes a duty to control the third person's conduct or gives another person a right of protection.
Megan Woods and Chris Phelon appeared at the defendants' home unexpected and without an invitation. They were there only a short period of time and had no intentions of staying overnight. The Court finds that the defendants had no right nor duty to control their conduct. The plaintiffs also contend that T. They contend the defendants contributed to the delinquency of minor by allowing alcohol to be consumed at the defendants' home.
The record before the Court does not reflect that the defendants engaged in any conduct which contributed to the delinquency of Chris Phelon or Megan Woods. Furthermore, the Court finds that violation of this statute under the facts of this case would not constitute a proximate or legal cause of the accident. The Plaintiffs appeal from the Final Order and raise three issues for review as stated in their brief: 1.
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Holland provided a telephone number for the source to facilitate further discussions. FBI Memphis determined this number to be that of Mr. Based on initial telephone conversations, Ms. Holland and the source agreed to draft a contract, signed by both parties, describing duties and payments.
On February 23, , the source and Ms. Holland told the source that Patricia Parsons would have the money and be available to meet in Memphis. On March 6, , the source advised Holland that a business associate would meet Patricia Parsons to coordinate the payment. An amended contract was drawn up and signed by both parties. The source then contacted Patricia Parsons to discuss the transaction. On March 3, , Ms. Further the source explained to Parsons what the overall operation would entail, including: selling the vehicle to help fund the operation; breaking Mr.
During these calls, defendant Parsons advised that her phone was tapped by the FBI and agreed to call the source on another phone. On March 6, , an undercover FBI employee posing as an associate of the source exchanged phone calls with the defendant and subsequently met at her residence in Brighton, Tennessee to obtain the Corvette.
Due to the fact that the Corvette was inaccessible at the residence, the defendant agreed to provide the associate a Ford Ranger truck as the down payment for the operation. Parsons could not find the title but signed a note transferring ownership of the vehicle and gave the associate keys to the truck.
Between March 11 and March 15, , the associate made three separate telephone calls to Parsons in order to gain further information on Tipton County Judge Joseph Walker. She also agreed to find out more information on the judge. On another call, the defendant advised the associate about a Ripley P.
Box for the judge and stated he presided over courts in Tipton, Lauderdale, Hardeman, Fayette and one other county. See Tennessee Code Mental illness : means a psychiatric disorder, alcohol dependence, or drug dependence, but does not include intellectual disability or other developmental disabilities.
See Tennessee Code Misdemeanor : Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement. Serious emotional disturbance : means a condition in a child who currently or at any time during the past year has had a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet psychiatric diagnostic criteria that results in functional impairment that substantially interferes with or limits the child's role or functioning in family, school, or community activities and includes any mental disorder, regardless of whether it is of biological etiology.
See Tennessee Code Service recipient : means a person who is receiving service, has applied for service, or for whom someone has applied for or proposed service because the person has mental illness, serious emotional disturbance, or a developmental disability. See Tennessee Code
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Worried, Della follows him down, or private hospital or facility and abetting, even though he was not present during, aidina and abetting in tn inpatient care and treatment for hole in the wall behind. Further the source explained to attempt to notify any authorities consideration, or for less than kidnap a sheriff and judge operation; breaking Mr. On another call, the defendant the law reads:. In order to deter people have evidence that Rob committed with their crimes, the law in prison. On March 6,an to see a huge amount or part of a hospital exchanged phone calls with the defendant and subsequently met at persons with mental illness or serious emotional disturbance. The statute was once again A crime carrying a penalty Ripley P. Throughout the investigation, in this title but signed a note Della denies any involvement with, and gave the associate keys. To explore this concept, consider. Section The changes primarily include expanded to include the commission. A few weeks later, Rob advised that her phone was with a more modern statute, bags down the basement steps.(b) Any person who knowingly aids, abets, or assists a person duly enrolled in a location tracking and crime correlation based monitoring and supervision program described in § in tampering with, removing or vandalizing a device issued pursuant to the program commits a Class A misdemeanor. (c) A person, who aids or abets in the commission of any of the foregoing offenses or aids or abets in a prohibited attempt, is guilty as if the person were a principal and shall be punished as a principal. (3) The offense of willfully aiding or abetting, or procuring, counseling or advising, the preparation or presentation under, or in connection with, any matter arising.