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PATRICIA BURKHART v. BROCKWAY GLASS COMPANY AND LIBERTY MUTUAL INSURANCE COMPANY (03/31/86)

filed: March 31, 1986.

PATRICIA BURKHART, EXECUTRIX OF THE ESTATE OF ROGER ALAN MAHAFFEY, ON BEHALF OF MOLLY L. MAHAFFEY, MIKELE E. MAHAFFEY, AND MONICA L. MAHAFFEY, MINORS AND SHIRLEY A. MAHAFFEY, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN FOR MOLLY L. MAHAFFEY, MIKELE E. MAHAFFEY, AND MONICA L. MAHAFFEY, MINORS, APPELLANTS,
v.
BROCKWAY GLASS COMPANY AND LIBERTY MUTUAL INSURANCE COMPANY, APPELLEES



Appeal from the Judgment entered August 6, 1984 in the Court of Common Pleas of Washington County, Civil, No. 224 October Term, 1981 A.D.

COUNSEL

Frank A. Conte, Washington, for appellants.

W. Patric Boyer, Canonsburg, for appellees.

McEwen, Cercone and Handler,*fn* JJ.

Author: Mcewen

[ 352 Pa. Super. Page 206]

This is an appeal from a summary judgment entered in favor of appellees. Appellant claims that the trial court erred in granting summary judgment in favor of appellee Brockway Glass Company and asserts: (1) a cause of action exists against an employer/social host who furnishes and authorizes the use of alcoholic beverages at business meetings where the employee/decedent was visibly intoxicated; and (2) a cause of action exists against an employer for "negligent entrustment"*fn1 of a company owned motor vehicle to an employee/decedent who was visibly intoxicated. We affirm.

Appellant, in her complaint, set forth, inter alia, the following averments which she contends give rise to a cause of action against appellee Brockway Glass Company:

4. Brockway Glass Company, Defendant, is a corporation authorized to do business in the Commonwealth of Pennsylvania and at all relevant times to the within action was the employer of Roger Alan Mahaffey, who was employed at the plant of the Defendant Brockway Glass

[ 352 Pa. Super. Page 207]

Company known as Plant No. 7 in the City of Washington, Washington County, Pennsylvania.

5. On or about October 23, 1980, while driving a vehicle owned by the Defendant, Brockway Glass Company, Roger Alan Mahaffey was killed as a result of an accident on Route 136 in South Strabane Township, Washington Company, Pennsylvania.

6. The accident occurred when the vehicle which the decedent was driving left the travelled portion of the highway and struck a tree a short distance from the travelled portion of the highway.

7. The accident aforesaid was caused solely, directly and proximately as a result of the negligent acts of the Defendant Brockway Glass Company through its ...


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