at the party, and that Worley "negligently exercised control or negligently failed to exercise control" over Brown. The plaintiffs also alleged that Worley was negligent per se. Both the defendants Brown and Worley raised as affirmative defenses the comparative fault of Jennifer Biscan and the negligence and negligence per se of Jennifer's twin sister, Dana Biscan ("Dana"), who provided alcohol to Brown. Defendant Worley also averred that Brown's negligence was an independent intervening act relieving him of liability; Brown averred that Worley was comparatively negligent.
The evidence presented at trial is summarized as follows. On October 18, 1997, Brown and Jennifer attended a party hosted by defendant Worley for his daughter Ashley's eighteenth birthday. Brown and Jennifer attended school with Ashley. Ashley personally invited her friends and members ofher school class to the party. Other students at Ashley's school, including Jennifer and her sister Dana, learned of the party and went to it even though they were not personally invited to the party by Ashley or by her father, Worley. All the minors who came to the party were permitted to stay.
Worley gave the party at his home and was the only adult present. Although he did not serve alcohol at the party, Worley fully expected many of the minor guests to bring and consume alcohol, which is precisely what happened. Worley instructed his daughter beforehand that his "rule" would be that anyone who was drinking would be required to spend the night. The record reflects that some of the guests were aware of the rule,