PHOENIX (AZFamily) — A Phoenix high school graduate is suing his classmate’s parents after he says he suffered a concussion and had part of his ear torn off during a senior skip day party at their Ahwatukee home.
The lawsuit alleges more than 100 people attended the party, including underage teens drinking alcohol, and claims the homeowners knew it was happening. Attorney Brian Foster, shared a video showing a packed backyard and several people on the roof.
The lawsuit says 18-year-old Blake Barnes jumped from the roof and attempted a front flip into the pool.
“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,” Foster said.
Barnes was taken to the hospital.
According to the lawsuit, the party was thrown by Barnes’ 17-year-old classmate: the son of Megan and Brandon Spencer.
“100 or 150 people who attended this raging senior ditch-day party,” Foster said.
The suit claims the Spencers were aware their son was hosting the party and that alcohol was provided and encouraged.
“And in the written notification, he told everybody to bring your own alcohol,” Foster said.
Foster said he is referencing a photo included in the lawsuit publicizing “senior ditch day” and stating, “Bring your own alcohol.”
The lawsuit says Barnes’ blood alcohol content was measured at 0.114 at the hospital, which is above the legal limit for driving.
“Do you think that damages this suit or maybe the credibility of your argument at all because there was alcohol involved that he was drinking underage?” reporter Austin Walker asked.
“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,” Foster answered.
Foster alleges the defendants did nothing to prevent children from consuming alcohol and failed to maintain the property in reasonable and safe conditions.
We reached out to the defendants, Megan and Brandon Spencer. They said they had hired an attorney and believed the lawsuit left out a lot of information. We requested an interview through their attorney and are waiting to hear back.
In the lawsuit, Barnes is seeking current and future medical expenses related to the incident, along with damages for pain and suffering, emotional distress and more.
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