Wando Prom Night DUI Wrongful Death Lawsuit

ELECTRONICALLY FILED - 2020 Feb 04 4:51 PM - CHARLESTON - COMMON PLEAS - CASE#2020CP1000671
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

) NINTH JUDICIAL CIRCUIT
COUNTY OF CHARLESTON )
)
MARY KATHERINE DANIEL ) Civil Action No. _________________________
& JOHN PRESTON DANIEL )
as Personal Representatives of the)
Estate of ELIZABETH MAY )
DANIEL, )
)
Plaintiffs, )
)
vs. ) SUMMONS
) (Wrongful Death)
F. JORDAN EARLE, J. EARLE )
FINANCIAL LLC )
ADMINSTRATIVE AGENT )
as Personal Representative )
of the Estate of KEITH ALLEN )
SCHEMM, JR., MARTHA E. ) (Jury Trial Demanded)
JONES, PAULA D. LEWIS )
RAYMOND B. SHORT & NANDY )
SHORT, )
)
Defendants. )
)
TO: THE DEFENDANTS ABOVE NAMED:
YOU ARE HEREBY SUMMONED and required to answer the Complaint in the above
entitled proceeding, a copy of which is herewith served upon you, and to serve a copy of your Answer
to said Complaint on the subscriber at his offices at Suite 300, The Marlboro Building, 1116 Blanding
Street, Columbia, South Carolina, within thirty (30) days after the service hereof, exclusive of the day
of such service; and if you fail to answer the said Complaint within the time aforesaid, the Plaintiffs
in this action will apply to the Court for the relief demanded in said Complaint; and a default judgment
may be rendered against you.
(Signature page to follow)
1
s/ Herbert W. Louthian, Jr.
HERBERT W. LOUTHIAN, JR.
LOUTHIAN LAW FIRM, P.A.
1116 Blanding Street, Suite 300
Post Office Box 1299
Columbia, SC 29202
(803) 454-1200
bert@louthianlaw.com
s/William N. Nettles
WILLIAM N. NETTLES
BILL NETTLES, ATTORNEY AT LAW
2008 Lincoln Street
Columbia, SC 29201
(803) 814-2826
bill@billnettleslaw.com
Columbia, South Carolina ATTORNEYS FOR PLAINTIFFS

February 4, 2020
2
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
) NINTH JUDICIAL CIRCUIT
COUNTY OF CHARLESTON )
)
MARY KATHERINE DANIEL ) Civil Action No. _________________________
& JOHN PRESTON DANIEL )
as Personal Representatives of the)
Estate of ELIZABETH MAY )
DANIEL, )
)
Plaintiffs, )
)
vs. ) COMPLAINT
) (Wrongful Death)
F. JORDAN EARLE, J. EARLE )
FINANCIAL LLC )
ADMINSTRATIVE AGENT )
as Personal Representative )
of the Estate of KEITH ALLEN )
SCHEMM, JR., MARTHA E. ) (Jury Trial Demanded)
JONES, PAULA D. LEWIS )
RAYMOND B. SHORT & NANDY )
SHORT, )
)
Defendants. )
)
Now come the Plaintiffs, the Personal Representatives of the Estate of Elizabeth May
Daniel (hereinafter, “Libby”, “the Estate” or “Ms. Daniel”), complaining of Defendants, the Estate
of Keith Allen Schemm, Jr., Martha E. Jones, Paula D. Lewis, Raymond B. Short and Nandy Short
who do allege and will show unto this Honorable Court as follows:
PARTIES AND JURISDICTION
1. The Plaintiffs are the parents of Elizabeth May “Libby” Daniel, and the duly
appointed Co-Personal Representatives and beneficiaries of her Estate.
2. Mary Katherine Daniel and the decedent, Elizabeth May Daniel, were at all times
relevant to this Complaint residents of the State of South Carolina.
3
3. John Preston Daniel was at all times relevant to this Complaint a resident of
Virginia.
4. F. Jordan Earle, the Personal Representative of the Estate of Keith Allen Schemm,
Jr. is a resident of Greenville County, however, the decedent, Keith Allen Schemm, Jr., was at all
times relevant to this Complaint a resident of Charleston County, South Carolina.
5. The Defendant, Martha E. Jones, is a resident of Charleston County, South
Carolina.
6. The Defendant, Paula D. Lewis, is a resident of Charleston County, South Carolina.
7. The Defendants, Raymond B. Short and Nandy Short, are residents of Charleston
County, South Carolina.
8. This Court has jurisdiction of the parties and subject matter herein pursuant to South
Carolina Code Section 15-51-10 et seq. and Section 15-5-90, and venue is proper in this county
pursuant to S.C. Code Ann. § 15-7-30 because the Defendants resided in Charleston County, South
Carolina at the time the cause of action arose and the acts and omissions giving rise to the causes
of action alleged herein occurred in Charleston County, South Carolina.
FACTS
9. On or about April 6, 2019, Libby Daniel, a senior at Wando High School, attended
prom with Keith Allen Schemm, Jr., a college freshman. Ms. Daniel was 18 years old. Mr. Schemm
was 19 years old.
10. Mr. Schemm consumed alcohol in the afternoon before the prom.
11. Mr. Schemm’s mother, Defendant Martha E. Jones, had to drive Mr. Schemm to
the gazebo in Libby’s neighborhood for pictures and then to Ms. Daniel’s residence because he
had already been drinking.
4
12. Following the prom, Ms. Daniel and Mr. Schemm traveled to the residence of
Defendant Paula D. Lewis located at 1810 Tennyson Row in Mount Pleasant to attend a prom
party.
13. Ms. Lewis had set up tables and chairs in the garage at her residence for the party.
14. Defendant Lewis’ son was dating the daughter of Defendants Raymond B. Short
and Nandy Short.
15. Defendants Raymond B. Short and Nandy Short provided alcohol for the underage
prom party at the Lewis residence.
16. On information and belief, Defendant Paula D. Lewis was aware of and consented
to the alcohol being provided by Defendants Raymond B. Short and Nandy Short for the party at
her residence.
17. The prom attendees, composed of underage individuals, consumed alcoholic
beverages in the presence of Defendant Paula D. Lewis.
18. Defendant Paula D. Lewis observed that the underage individuals were
intoxicated.
19. While Mr. Schemm and Ms. Daniel were at the after party, they consumed alcohol,
including alcohol that had been provided by Defendants Raymond B. Short and Nandy Short with
the full knowledge, consent and approval of Defendant Paula D. Lewis.
20. Those who attended the after party at the Lewis residence visually noticed that
Mr.Schemm and Ms. Daniel were intoxicated.
21. Mr. Schemm and Ms. Daniel departed Defendant Paula D. Lewis’ residence at
approximately 1:00 a.m. on April 7, 2019.
22. Mr. Schemm was the driver and Ms. Daniel was the front-seat passenger in Ms.
Daniel’s 2005 Ford Escape.
5
23. On information and belief, Mr. Schemm had a reputation for driving while
intoxicated and driving erratically when doing so.
24. Mr. Schemm drove well in excess of 70 miles per hour on Rifle Range Road where
the posted speed limit is 40 miles per hour.
25. When the road began to curve to the left, Mr. Schemm maintained a forward
direction.
26. The vehicle driven by Mr. Schemm at an excessive speed struck the far-right side
of the road, which caused Mr. Schemm to swerve to the left and cross the center line.
27. By oversteering to the left and back again to the right, the vehicle’s rear tires lost
traction, causing Mr. Schemm to lose control of the vehicle.
28. The vehicle then crossed back across the center line on the right side in an out of
control manner, at which point the vehicle driven by Mr. Schemm collided with a tree.
29. The vehicle struck the tree on the driver’s side with such a force that the vehicle
rolled up the tree, with all four tires leaving the ground during the impact and causing the top of
the vehicle to cave in upon Mr. Schemm and Ms. Daniel.
30. Following the collision with the tree, debris was left in the street, causing damage
to a different vehicle that was not present at the time of the accident.
31. The occupants of the second vehicle that hit the debris noticed the Ford Escape and
called the police.
32. The Mount Pleasant Police Department responded to the scene at Rifle Range Road
at approximately 2:14 a.m. on April 7, 2019.
33. When police searched the Ford Escape for potential evidence, they noticed two beer
cans on the driver’s side of the vehicle and a multi-colored glass smoking pipe.
6
34. Both Mr. Schemm and Ms. Daniel were pronounced dead at the scene of the
accident.
35. An autopsy report revealed that Mr. Schemm had a blood alcohol content of 0.235%
at the time of his death, which is considered to be under the influence. Mr. Schemm also tested
positive for delta-9 THC.
36. The cause of death for Ms. Daniel was determined to be blunt force trauma to the
head.
FOR A FIRST CAUSE OF ACTION

(Negligence/ Gross Negligence – the Estate of Keith Allen Schemm, Jr.)
37. The allegations set forth in paragraphs one through thirty-six (1-36) above are
incorporated herein by reference.
38. Keith Allen Schemm, Jr. was negligent, grossly negligent, reckless, willful and
wanton in the operation of the motor vehicle in one or more of the following ways:
a. in driving under the influence of alcohol to the degree that his judgment was
impaired;
b. in speeding;
c. in driving too fast for conditions;
d. in failing to keep a proper lookout; and
e. in such other and further ways that shall be discovered in this litigation.
39. As a direct, foreseeable and proximate result of the careless, negligent, grossly
negligent, willful, wanton and reckless acts of this Defendant, Libby Daniel suffered terrible
injuries, including horrible physical pain and mental suffering, and ultimately, death.
40. As a direct and proximate result of the actions and inactions of this Defendant, Ms.
Daniel’s beneficiaries have suffered and will suffer pecuniary loss, mental shock and suffering,
7
wounded feelings, grief and sorrow, loss of companionship, love and consortium, deprivation of
use and comfort of Ms. Daniel’s society, both past and future, as well as funeral expenses, and
other damages, and are entitled to a judgment against this Defendant for actual compensatory
damages and punitive damages in an amount to be determined by the trier of fact, the costs
associated with bringing this action and for any additional relief this Court deems just and proper.
FOR A SECOND CAUSE OF ACTION

(Negligence per se – the Estate of Keith Allen Schemm, Jr.)
41. The allegations set forth in paragraphs one through forty (1-40) above are
42. South Carolina Code Section 63-19-2440 and 63-19-2450 make it illegal for a
person under the age of 21 to purchase, consume or possess alcohol and provide penalties for
violating the statutes.
43. South Carolina Code Sections 56-5-2930 and 56-5-2933 make it illegal to operate
a motor vehicle while impaired by alcohol or with an alcohol concentration of .08% or higher and
provide penalties for violating the statutes.
44. The essential purpose of South Carolina Code Sections 63-19-2440 and 63-19-
2450 is to protect underage persons from harming themselves or others due to intoxication.
45. The essential purpose of South Carolina Code Sections 56-5-2930 and 56-5-2933
is to prevent all drivers from harming themselves or others due to intoxicated driving.
46. Libby Daniel was a person who these and other statutes were intended to protect.
47. Keith Allen Schemm, Jr. violated these and other statutes and was guilty of
negligence per se in one or more of the following ways:
a. in possessing and consuming alcohol while under the age of 21.
8
b. in driving a motor vehicle under the influence of alcohol to the degree that his
judgment was impaired;
c. in driving a motor vehicle with a blood alcohol content of 0.235%;
d. in speeding;
f. in driving too fast for conditions;
g. in failing to keep a proper lookout;
h. in violating any other applicable South Carolina statutes; and
i. in such other and further ways that shall be discovered in this litigation.
48. As a direct, foreseeable and proximate result of the violations of these statutes and
the careless, negligent, grossly negligent, willful, wanton and reckless acts of this Defendant,
Libby Daniel suffered terrible injuries, including horrible physical pain and mental suffering, and
ultimately, death.
49. As a direct and proximate result of the Defendant’s violations of these statutes, Ms.
FOR A THIRD CAUSE OF ACTION

(Social Host Liability – Defendants Paula D. Lewis, Raymond B. Short and Nandy Short)
50. The allegations set forth in paragraphs one through forty-nine (1-49) above are
9
51. Defendant Paula D. Lewis participated in preparations for the party, including
setting up tables and chairs, created an environment for the underage consumption of alcohol at
her residence, observed the attendees consuming alcohol and observed the attendees intoxicated.
52. Defendants Raymond B. Short and Nandy Short knowingly and intentionally
provided alcohol for the underage prom party held at the Lewis residence.
53. On information and belief, Defendants Raymond B. Short and Nandy Short
provided such a quantity of alcohol that they knew or should have known that the alcohol would
be shared with the underage attendees, including Keith Schemm and Libby Daniel.
54. Defendants Paula D. Lewis, Raymond B. Short and Nandy Short knew or should
have known that some attendees would operate motor vehicles after consuming alcohol at the
Lewis residence and failed to take action to prevent the underage drinkers, including Keith
Schemm and Libby Daniel, from departing the residence while intoxicated.
55. As a direct and proximate result of the actions and inactions of Defendants Paula
D. Lewis, Raymond B. Short and Nandy Short, Mr. Schemm and Libby Daniel were intoxicated
when they departed the Lewis residence and the fact that Keith Schemm drove a motor vehicle
while intoxicated resulted in the death of Libby Daniel.
negligent, willful, wanton and reckless acts of these Defendants, Libby Daniel suffered terrible
As a direct and proximate result of the actions and inactions of these Defendants, Ms. Daniel’s
beneficiaries have suffered and will suffer pecuniary loss, mental shock and suffering, wounded
feelings, grief and sorrow, loss of companionship, love and consortium, deprivation of use and
comfort of Ms. Daniel’s society, both past and future, as well as funeral expenses, and other
damages, and are entitled to a judgment against the Defendants, jointly and severally, for actual
10
compensatory damages and punitive damages in an amount to be determined by the trier of fact,
the costs associated with bringing this action and for any additional relief this Court deems just
and proper.
FOR A FOURTH CAUSE OF ACTION

(Civil Conspiracy – Defendants Paula D. Lewis, Raymond B. Short and Nandy Short)
57. The allegations set forth in paragraphs one through fifty-seven (1-57) above are
58. Defendant Paula D. Lewis’ son and Defendants Raymond B. Short and Nandy
Short’s daughter had been dating for some time and dated each other to the prom.
59. On information and belief, Defendant Paula D. Lewis knew or should have known
that the alcohol provided by Defendants Raymond B. Short and Nandy Short was to be consumed
by the underage attendees of the party at her residence.
60. On information and belief, Defendants Raymond B. Short and Nandy Short knew
or should have known that the alcohol they provided was to be consumed by the underage attendees
of the party at the residence of Defendant Paula D. Lewis.
61. On information and belief, Defendants Paula D. Lewis, Raymond B. Short and
Nandy Short had a tacit understanding and agreed, combined and conspired to provide alcohol and
a safe haven to consume the alcohol for the purpose of allowing and facilitating the underage
consumption of alcohol at the Lewis residence.
62. Keith Schemm and Libby Daniel consumed alcohol that was provided by
Defendants Raymond B. Short and Nandy Short, at the location provided by Defendant Paula D.
Lewis, and Keith Schemm drove a motor vehicle away from the Lewis residence while intoxicated,
and his intoxication directly led to the death of Libby Daniel.
11
negligent, willful, wanton and reckless acts of these Defendants in conspiring to provide alcohol
to the underage attendees and a safe haven to consume it, Libby Daniel suffered terrible injuries,
including horrible physical pain and mental suffering, and ultimately, death.
64. As a direct and proximate result of the actions and inactions of these Defendants,
Ms. Daniel’s beneficiaries have suffered and will suffer pecuniary loss, mental shock and
suffering, wounded feelings, grief and sorrow, loss of companionship, love and consortium,
deprivation of use and comfort of Ms. Daniel’s society, both past and future, as well as funeral
expenses, and other damages, and are entitled to a judgment against the Defendants, jointly and
severally, for actual compensatory damages and punitive damages in an amount to be determined
by the trier of fact, the costs associated with bringing this action and for any additional relief this
Court deems just and proper.
FOR A FIFTH CAUSE OF ACTION

(Negligence/ Gross Negligence - Defendants Paula D. Lewis, Raymond B. Short and Nandy
Short)
65. The allegations set forth in paragraphs one through sixty-five (1-65) above are
66. Defendants Paula D. Lewis, Raymond B. Short, and Nandy Short were negligent,
careless, grossly negligent, reckless, willful and wonton in one or more of the following ways:
a. in providing alcohol to underage persons;
b. in providing a safe haven for the underage persons to illegally consume alcohol
and then operate a motor vehicle in an intoxicated state;
c. in allowing underage persons to consume large amounts of alcohol;
d. in failing to prohibit the overconsumption of alcohol;
12
e. in failing to ensure no person who was drinking was allowed to then operate a
motor vehicle;
f. in failing to use the degree of care and caution that a reasonably prudent person
would have used under similar circumstances; and
g. in such other and further ways that shall be discovered in this litigation.
negligent, willful, wanton and reckless acts of these Defendants, Libby Daniel suffered terrible
68. As a direct and proximate result of the actions and inactions of these Defendants,
Ms. Daniel’s beneficiaries have suffered and will suffer pecuniary loss, mental shock and
suffering, wounded feelings, grief and sorrow, loss of companionship, love and consortium,
deprivation of use and comfort of Ms. Daniel’s society, both past and future, as well as funeral
expenses, and other damages, and are entitled to a judgment against the Defendants, jointly and
severally, for actual compensatory damages and punitive damages in an amount to be determined
by the trier of fact, the costs associated with bringing this action and for any additional relief this
Court deems just and proper.
FOR A SIXTH CAUSE OF ACTION

(Negligent Supervision – Martha E. Jones)
69. The allegations set forth in paragraphs one through sixty-nine (1-69) above are
70. On information and belief, Defendant Martha E. Jones knew or should have known
of her son’s, Keith Allen Schemm, Jr.’s, propensity and proclivity to engage in the dangerous
activity of drinking and driving.
13
71. Defendant Marth E. Jones knew that Keith Allen Schemm, Jr. had been consuming
alcohol on the day of the prom because she had to drive him to the gazebo and then to the residence
of Ms. Daniel for pre-prom activities.
72. As a result of her knowledge, Defendant Martha E. Jones owed a duty to Ms. Daniel
and others to properly supervise her son, Keith Allen Schemm, Jr., and by failing to do so,
Defendant Martha E. Jones created an undue risk of harm to others, including Libby Daniel.
73. Since Defendant Martha E. Jones knew that her son had been drinking on the day
of the prom and knew of his proclivity to drink and drive, it was foreseeable that Ms. Daniel or
others would potentially be harmed.
negligent, willful, wanton and reckless acts of this Defendant, Libby Daniel suffered terrible
75. As a direct and proximate result of the actions and inactions of this Defendant, Ms.
FOR A SEVENTH CAUSE OF ACTION

(Wrongful Death – All Defendants)
76. The allegations set forth in paragraphs one through seventy-five (1-75) above are
14
77. Libby Daniel died as a direst and proximate result of the Defendants’
aforementioned negligence, gross negligence, recklessness, carelessness, and willful and wanton
conduct.
78. Libby Daniel was 18 years old at the time of her death and she had a promising
future. Libby’s beneficiaries have experienced great mental anguish, suffering, bereavement, loss
of society, advice, companionship, comfort, guidance, services, care, protection and assistance.
They have incurred financial losses associated with the death of Libby Daniel.
79. Plaintiffs are informed and believe, pursuant to the South Carolina Wrongful Death
Act, that they are entitled to a judgement against the Defendants, jointly and severally, for an award
of actual compensatory damages and punitive damages in an amount to be determined by the trier
of fact, for the costs associated with bringing this action, and for any additional relief this Court
deems just and proper.
FOR AN EIGHTH CAUSE OF ACTION

(Survival Action – All Defendants)
80. The allegations set forth in paragraphs one through seventy-nine (1-79) above are
81. As a direct and proximate result of the Defendants’ aforementioned negligence,
gross negligence, recklessness, carelessness, and willful and wanton conduct, Libby Daniel
sustained great bodily injury and suffered shock, panic, terror, severe mental anguish, and terrible
fear of her impending death.
82. Plaintiffs are informed and believe they are entitled to a judgement against
Defendants, jointly and severally, for an award of actual compensatory damages and punitive
damages in an amount to be determined by the trier of fact, for costs associated with brining this
action and for any additional relief this Court deems just and proper.
15
JURY TRIAL DEMAND
83. Plaintiffs demand a trial by jury.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs demand judgment against the Defendants, jointly and severally, for:
1. A trial by jury on all issues allowed by law;
2. Judgement in favor of the Plaintiffs, against the Defendants, jointly and severally,
for actual compensatory damages plus punitive damages as determined by a jury;
3. Actual compensatory and punitive damages for the wrongful death of Libby
Daniel in an amount to be determined by a jury;
4. Actual compensatory and punitive damages for the injury to Libby Daniel,
including conscious pain and suffering and fear of impending death, in an amount to be
determined by a jury;
5. Punitive damages against the Defendants in an amount to be established by the
jury in an amount reasonably calculated to punish them for their conduct and to deter such
conduct in the future;
6. Judgement in favor of the Plaintiffs and against the Defendants as set forth herein;
7. The costs of this action, including interest as allowed by law; and
8. For such other and further relief as this Court may deem just and proper.
Respectfully submitted,
s/ Herbert W. Louthian, Jr.

HERBERT W. LOUTHIAN, JR.
LOUTHIAN LAW FIRM, P.A.
1116 Blanding Street, Suite 300
Post Office Box 1299
Columbia, SC 29202
(803) 454-1200
16
bert@louthianlaw.com
s/William N. Nettles
WILLIAM N. NETTLES
BILL NETTLES, ATTORNEY AT LAW
2008 Lincoln Street
Columbia, SC 29201
(803) 814-2826
bill@billnettleslaw.com
Columbia, South Carolina ATTORNEYS FOR PLAINTIFFS

February 4, 2020
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ELECTRONICALLY FILED - 2020 Feb 04 4:51 PM - CHARLESTON - COMMON PLEAS - CASE#2020CP1000671

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

TO: THE DEFENDANTS ABOVE NAMED:

may be rendered against you.

(Signature page to follow)

Columbia, South Carolina ATTORNEYS FOR PLAINTIFFS

PARTIES AND JURISDICTION

appointed Co-Personal Representatives and beneficiaries of her Estate.

relevant to this Complaint residents of the State of South Carolina.

times relevant to this Complaint a resident of Charleston County, South Carolina.

5. The Defendant, Martha E. Jones, is a resident of Charleston County, South

6. The Defendant, Paula D. Lewis, is a resident of Charleston County, South Carolina.

County, South Carolina.

of action alleged herein occurred in Charleston County, South Carolina.

was 19 years old.

had already been drinking.

and Nandy Short.

prom party at the Lewis residence.

17. The prom attendees, composed of underage individuals, consumed alcoholic

beverages in the presence of Defendant Paula D. Lewis.

the full knowledge, consent and approval of Defendant Paula D. Lewis.

Mr.Schemm and Ms. Daniel were intoxicated.

approximately 1:00 a.m. on April 7, 2019.

Daniel’s 2005 Ford Escape.

intoxicated and driving erratically when doing so.

the posted speed limit is 40 miles per hour.

traction, causing Mr. Schemm to lose control of the vehicle.

the vehicle to cave in upon Mr. Schemm and Ms. Daniel.

called the police.

at approximately 2:14 a.m. on April 7, 2019.

positive for delta-9 THC.

FOR A FIRST CAUSE OF ACTION

incorporated herein by reference.

c. in driving too fast for conditions;

d. in failing to keep a proper lookout; and

FOR A SECOND CAUSE OF ACTION

incorporated herein by reference.

violating the statutes.

provide penalties for violating the statutes.

negligence per se in one or more of the following ways:

a. in possessing and consuming alcohol while under the age of 21.

judgment was impaired;

c. in driving a motor vehicle with a blood alcohol content of 0.235%;

f. in driving too fast for conditions;

g. in failing to keep a proper lookout;

h. in violating any other applicable South Carolina statutes; and

FOR A THIRD CAUSE OF ACTION

incorporated herein by reference.

while intoxicated resulted in the death of Libby Daniel.

FOR A FOURTH CAUSE OF ACTION

incorporated herein by reference.

by the underage attendees of the party at her residence.

of the party at the residence of Defendant Paula D. Lewis.

consumption of alcohol at the Lewis residence.

and his intoxication directly led to the death of Libby Daniel.

Court deems just and proper.

FOR A FIFTH CAUSE OF ACTION

incorporated herein by reference.

a. in providing alcohol to underage persons;

and then operate a motor vehicle in an intoxicated state;

c. in allowing underage persons to consume large amounts of alcohol;

d. in failing to prohibit the overconsumption of alcohol;

would have used under similar circumstances; and

Court deems just and proper.