PHOENIX (AZFamily)<\/b> \u2014 A Phoenix high school graduate is suing his classmate\u2019s 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.<\/p>\n
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<\/a>, shared a video showing a packed backyard and several people on the roof.<\/p>\n The lawsuit says 18-year-old Blake Barnes jumped from the roof and attempted a front flip into the pool.<\/p>\n \u201cMy 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,\u201d Foster said.<\/p>\n Barnes was taken to the hospital.<\/p>\n According to the lawsuit, the party was thrown by Barnes\u2019 17-year-old classmate: the son of Megan and Brandon Spencer.<\/p>\n \u201c100 or 150 people who attended this raging senior ditch-day party,\u201d Foster said.<\/p>\n The suit claims the Spencers were aware their son was hosting the party and that alcohol was provided and encouraged.<\/p>\n \u201cAnd in the written notification, he told everybody to bring your own alcohol,\u201d Foster said.<\/p>\n Foster said he is referencing a photo included in the lawsuit publicizing \u201csenior ditch day\u201d and stating, \u201cBring your own alcohol.\u201d<\/p>\n The lawsuit says Barnes\u2019 blood alcohol content was measured at 0.114 at the hospital, which is above the legal limit for driving.<\/p>\n \u201cDo 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?\u201d reporter Austin Walker asked.<\/p>\n \u201cLook, it\u2019s 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,\u201d Foster answered.<\/p>\n Foster alleges the defendants did nothing to prevent children from consuming alcohol and failed to maintain the property in reasonable and safe conditions.<\/p>\n 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.<\/p>\n 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.<\/p>\n See a spelling or grammatical error in our story? Please click here to report it<\/a>.<\/p>\n