Dugger v. Arredondo

Geoffrey Dugger (defendant) and Joel Martinez used drugs and alcohol together, including snorting black-tar heroin; Martinez passed out and began choking, and Dugger delayed calling 911 and then failed to tell paramedics that Martinez had used heroin. Martinez died less than two hours later. His mother, Mary Ann Arredondo (plaintiff), sued Dugger for wrongful-death negligence; Dugger asserted the common-law unlawful-acts doctrine, arguing Martinez's own illegal drug use should bar recovery entirely. The trial court granted Dugger summary judgment on that basis, and the court of appeals reversed and remanded for trial.