What started as a senior skip day celebration ended with an 18-year-old in the hospital and a lawsuit.
Blake Barnes, 18, is suing the parents of a classmate after suffering serious injuries at a party held at their home in Ahwatukee, Arizona.
According to the lawsuit, Barnes attempted a front flip from the roof of the property into a swimming pool during the gathering. Instead, he struck his head on the pool deck before landing in the water.
The impact left him with a concussion and tore off part of his ear.
Found unconscious in the pool
Emergency crews were called after Barnes was discovered floating unconscious in the pool.
“My guy actually hit his head on the pool deck and sustained a concussion, tore his ear off,” Barnes’ attorney, Brian Foster, told Arizona’s Family.
“He was unconscious, floating lifeless in the pool.”
Barnes was taken to a hospital for treatment.
Medical records reportedly showed he had a blood alcohol concentration of 0.114 percent at the time which is significantly above the legal driving limit of 0.08 percent in Arizona.
Lawsuit focuses on homeowners
The lawsuit names Megan and Brandon Spencer, whose teenage son allegedly hosted the party.
According to Barnes’ legal team, more than 100 people attended the event.
The lawsuit further alleges that underage drinking was taking place and that invitations encouraged attendees to bring their own alcohol.
Barnes’ attorneys argue that the homeowners either knew, or should have known, what was happening at the property and failed to take reasonable steps to prevent it.
The lawsuit also claims the property was not maintained in a reasonably safe condition.
A key question in the case
One of the central questions is likely to be how much responsibility Barnes himself bears for his injuries. His elevated blood alcohol level and decision to jump from the roof will almost certainly become major factors in the legal proceedings.
Foster acknowledged that his client’s alcohol consumption is not an ideal fact for the case.
“It’s certainly not a great fact that my client consumed alcohol and had a blood alcohol content,” he said.
However, he maintains that the larger issue is whether adults allowed a large gathering involving underage drinking to take place on their property.
According to Arizona’s Family, the Spencers have retained legal counsel and dispute the allegations. In a brief response, they said the lawsuit leaves out significant details about what occurred that day.
Barnes is seeking compensation for medical expenses, future treatment costs, pain and suffering, and emotional distress.
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