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JOHN E. SUSKEY AND JEANNETTE E. SUSKEY v. LOYAL ORDER MOOSE LODGE # 86 AN UNINCORPORATED ASSOCIATION (02/10/84)

filed: February 10, 1984.

JOHN E. SUSKEY AND JEANNETTE E. SUSKEY, APPELLANTS,
v.
LOYAL ORDER OF MOOSE LODGE # 86 AN UNINCORPORATED ASSOCIATION



No. 730 Pittsburgh, 1982, Appeal from Order of the Court of Common Pleas, Civil Division, of Allegheny County at No. GD 77-8387.

COUNSEL

Richard J. Catalano, Pittsburgh, for appellants.

Michael A. Della Vecchia, Pittsburgh, for appellee.

Cavanaugh, Johnson and Montgomery, JJ.

Author: Cavanaugh

[ 325 Pa. Super. Page 96]

This is an appeal from an order denying appellants' Motion for New Trial following a jury verdict in favor of appellee Moose Lodge # 86. Appellants contend that they are entitled to a new trial because the court below erred in two regards: the trial judge failed to charge the jury on the presumption of intoxication set forth in the Pennsylvania Motor Vehicle Code (75 Pa.C.S. § 1547(d)(3)); and, the trial judge failed to ascertain that the jury's verdict was clearly against the weight of the evidence. We find that appellants' contentions have no merit and, therefore, affirm the court below.

Appellant John Suskey went to appellee's bar at about 7:00 p.m. on November 19, 1975. There was evidence that he consumed three double shots of whiskey, followed by beer chasers and then drank beer until he left at approximately 12:30 a.m. Shortly after he left appellee's bar, he

[ 325 Pa. Super. Page 97]

    was involved in a collision when he drove into a truck parked in a used car lot adjacent to Route 30. Suskey suffered serious physical injuries. Subsequently, he and his wife brought this action on the basis that appellee violated the Dram Shop Act, 47 P.S. § 4-493(1), when it served him intoxicating beverages while he was visibly intoxicated.

The Dram Shop Act provides that:

"It shall be unlawful

"(1) For any licensee or the board, or any employe, servant or agent of such licensee or of the board, or any other person, to sell, furnish or give any liquor or malt or brewed beverages, or to permit any liquor or malt or brewed beverages to be sold, furnished or given, to any person visibly intoxicated. . ." 47 P.S. § 4-493(1) (Emphasis added)

It is undisputed that Moose Lodge # 86 is a licensee of the Pennsylvania Liquor Control Board. The issue below was whether appellant John Suskey was served intoxicating ...


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