Alcohol, employer liability, private right of action.

Officials of the Commonwealth of Massachusetts appeal a lower court's decision in a liability suit involving members of the state's National Guard. The relatives of a woman who was killed in an alcohol-related traffic accident by a member of the National Guard filed suit against the state. The National Guardsman consumed alcohol at a state armory following an official meeting. He then left the site and became involved in the fatal accident. The victim's family claims the state must shoulder some of the liability for the accident because it "hosted" the drinking activity.

A trial court jury ruled that the commonwealth was in part liable for the fatal accident. Commonwealth officials now appeal.

The commonwealth wins. The Massachusetts Supreme Judicial Court reversed the ruling of the lower jurisdiction and ordered a finding in favor of the commonwealth. The court ruled there was no evidence to indicate the commonwealth provided alcohol to the National Guardsmen or that the personnel were acting in an official capacity.