A US teen who was left with a concussion and a partially torn ear after a senior skip day gathering is suing the parents of the student who hosted the event, alleging they were fully aware of what was happening at their house.
Blake Barnes, 18, has filed a lawsuit against Megan and Brandon Spencer following an incident at their home in Ahwatukee, Phoenix. His attorney claims the party drew more than 100 people and included underage drinking.
Court documents state that Barnes climbed onto the roof and tried to perform a front flip into the swimming pool. During the attempt, he reportedly struck his head on the pool deck, resulting in serious injuries.
In comments to Arizona’s Family, Barnes’ lawyer Brian Foster recounted the immediate aftermath: “My guy actually hit his head on the pool deck and sustained a concussion, tore his ear off. Fire and EMT personnel responded.
“He was unconscious, floating lifeless in the pool.”
Barnes was taken to hospital, where records showed his blood alcohol content at 0.114, above the legal driving limit.
A key part of the lawsuit is the allegation that the Spencers knew their 17-year-old son was hosting the gathering and that alcohol consumption was not only occurring, but being promoted.
Foster pointed to an image cited in the filing that advertised the senior ditch day party and instructed guests to bring their own alcohol.
“And in the written notification, he told everybody to bring your own alcohol,” Foster said.
The lawsuit argues that the homeowners failed to stop minors from drinking and did not ensure the property was kept in reasonably safe condition. Barnes’ legal team contends those factors make the defendants responsible for the injuries he sustained.
Asked whether Barnes drinking underage could undermine his case, Foster conceded it was unhelpful but maintained the broader claim that the adults in the home should have intervened.
“Look, it’s certainly not a great fact that my client consumed alcohol and had a blood alcohol content. But the fact of the matter is the alcohol was provided at the host party at the home where he attended, and the owners of the home knew or should have known that their son was having this rager,” he said.
Arizona’s Family reported that the Spencers have retained counsel and released a short statement, saying they believe the lawsuit omits key details about what happened.
Barnes is seeking damages for past and future medical bills, as well as compensation for pain and suffering and emotional distress.