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Craigue v. Price

Superior Court of Maine, Cumberland

July 6, 2017

ERIC CRAIGUE individually, as parent and next friend of Charlie Craigue, and as personal representative of the Estate of Destiny Victoria Daye Plaintiff
v.
DANIEL PRICE Defendant

          ROBERT NADEAU, ESQ.

          MARTICA DOUGLAS, ESQ.

          ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

          A. M. HORTON, JUSTICE.

         Defendant Daniel Price's Motion for Summary Judgment and Plaintiff Eric Craigue's Cross-Motion for Summary Judgment are before the court. Oral argument was held July 5, 2017.

         The sole issue presented is whether Defendant is liable to Plaintiff in any of the three capacities in which he has brought this action for the death of Destiny Daye. Destiny Daye died of a drug and alcohol overdose while she was living with Defendant at his parents' home.

         For the reasons set forth below, the court grants summary judgment to the Defendant.

         Background

         The following facts are undisputed except where indicated.

         As of 2015, Plaintiff Eric Craigue and Destiny Daye were married and the parents of Charlie Craigue. In late 2015, Destiny Daye moved out of the marital residence at Eric Craigue's insistence. He suspected she was using drugs and felt she presented a safety risk to their son, to the point that she needed to leave the home. After she left the home, Destiny Daye began spending time with Defendant Daniel Price and eventually began an intimate relationship with him. By May 2016, she was living with Daniel Price at his parents' home. She died there May 4, 2016, as the result of overdosing on a combination of alcoholic beverages and heroin laced with fentanyl.

         The only available evidence in the summary judgment record about the circumstances leading to Destiny Daye's death comes from Defendant Daniel Price.

         Defendant's account is essentially as follows:

         Before his relationship with Destiny Daye began, Daniel Price had not used illegal drugs other than marijuana. During the six months he and Destiny Daye were together, Destiny Daye continued to use heroin and other illegal drugs that she obtained from friends. About a week before she died, she gave him some heroin she had acquired. It was the first time he had tried heroin, he says.

         On May 3, 2016, the two of them consumed enough alcoholic beverages to become highly intoxicated. That evening Destiny Daye contacted a drug dealer she knew using her telephone and made arrangements to purchase heroin. Daniel Price voiced opposition to going to buy drugs, but Destiny Daye insisted and eventually "talked ptiiirf] into it." Daniel Price says that if he had not helped her, she would have gotten a former boyfriend to go with her to make the purchase. Reluctantly, he drove with her to the dealer in Scarborough, and he paid the dealer $80 for heroin. At Destiny Daye's initiative, they used some of the heroin on the spot. They then went back to his parents' home with the rest.

         At the home, they continued to drink alcoholic beverages and they both used the rest of the heroin. Destiny Daye went to bed first and Daniel Price joined her in the bed later, noticing that she was snoring loudly. When he awoke the next morning- May 4, 2016-he found her unresponsive, with a foamy ...


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