A prima facie case for social host liability existed where the defendant leased her basement to her nephew, who in turn threw a party serving alcohol to minors, when the defendant knew of and attended the party. The court denied summary judgment to the defendant landlord.

Neely rented her basement to her nephew, who in turn threw a party where alcohol was served. Neely attended the party and talked to minors who were there, and who were drinking. Defendant Rose, who was one of these minors drove home, and was involved in an automobile accident with plaintiff Koller.

A social host is negligent per se in serving alcohol to the point of intoxication to a person les than 21 years of age. A defendant who knowingly allows his or her premises to be used for the purpose of serving alcohol to minors may be liable even where another provides the alcohol. Here, the landlord knew of the party and that minors were being served, and this was sufficient to raise a jury issue of liability.

Accordingly, the court denied defendant Neely’s motion for summary judgment.