ERIC CRAIGUE individually, as parent and next friend of Charlie Craigue, and as personal representative of the Estate of Destiny Victoria Daye Plaintiff
DANIEL PRICE Defendant
MARTICA DOUGLAS, ESQ.
ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT
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.
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.
reasons set forth below, the court grants summary judgment to
following facts are undisputed except where indicated.
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
only available evidence in the summary judgment record about
the circumstances leading to Destiny Daye's death comes
from Defendant Daniel Price.
account is essentially as follows:
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.
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.
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 ...