A Dauphin woman whose teen daughter died following a party is suing the parents who hosted the event.
On Valentine's Day in 2009, Tamara Aller, 15, went to a birthday party for an 18-year-old man that was held at his parents' place in Dauphin.
The next morning, Aller was found frozen to death near her home.
Aller's mother has now launched a lawsuit against the other teen's parents, alleging they knowingly supplied liquor to minors and failed to ensure the girl got home safely on a night when temperatures dropped near -37.
Some of Tamara's friends agree.
"If there is someone under the age of 18 drinking there, you should be responsible," said Emily Martindale.
The issue of host liability has come under scrutiny before.
In 2006, an Ottawa woman was paralyzed after being hit by a drunk driver. She then sued the people who hosted the party the driver came from, but the Supreme Court threw the case out.
"When someone attends the party where alcohol is served, they don't park their autonomy at the door. However, that wasn't a case that involved a youth," said lawyer Bob Sokalski.
He believes there are valid issues to explore in the Dauphin case, especially since, according to the legal claim, the party host's father gave Aller a ride home and dropped her off near her house without making sure she got inside safely.
"The case would have less likelihood of success had the parties not undertaken to drive the individual home in the cold weather, as that was an additional element of risk," said Sokalski.
Aller's lawyer could possibly argue that giving her a ride home was an acknowledgement that she was intoxicated.
A court date has yet to be set. Aller's family is asking for damages, including $15,000 in funeral costs.
CTV News spoke with the parents who hosted the party. They said they weren't aware of any lawsuit, but didn't want to comment further until speaking to a lawyer.
None of the allegations have been proven in court.
- with a report from CTV's Stacey Ashley
