Hickingbotham v. Burke

The plaintiff, Joseph Hickingbotham, sued the defendants, Bonnie Burke and Mark Vemullan, alleging that they, as social hosts, were liable for injuries he suffered after they served him alcohol at a party held at their home. Hickingbotham appeals from the Superior Court’s {Lynn, J.) grant of defendant Burke’s motion to dismiss the plaintiff’s claim for failure to state a cause of action. Vemullan is in default. We affirm in part, reverse in part and remand.

In October 1990, Burke and Vemullan hosted a Halloween party at their residence in Windham. Hickingbotham’s writ alleges that the…