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DELMAS L. BAKER v. TOWNSHIP MT. LEBANON AND SUNKEN CORK (06/30/86)

decided: June 30, 1986.

DELMAS L. BAKER, APPELLANT
v.
TOWNSHIP OF MT. LEBANON AND SUNKEN CORK, INC., APPELLEES



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Delmas L. Baker v. Township of Mt. Lebanon and Sunken Cork, Inc., No. GD 81-499C.

COUNSEL

Wendell G. Freeland, Freeland & Kronz, for appellant.

John David Rhodes, Thomson, Rhodes & Cowie, with him, Thomas Wm. Renwand, for appellee, Mt. Lebanon.

Charles H. Alpern, with him, Jeffrey Reed, Grogan, Graffam, McGinley, Solomon & Lucchino, and Louis C. Long, with him, Raymond H. Conaway, Meyer, Darragh, Buckler, Bebenek & Eck, for appellees.

Judges MacPhail, Doyle and Barry, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 98 Pa. Commw. Page 423]

Delmas L. Baker (Appellant) appeals from an order of the Court of Common Pleas of Allegheny County

[ 98 Pa. Commw. Page 424]

    which denied his motion for post trial relief by way of removal of the compulsory nonsuits entered in favor of the Sunken Cork, Inc. (Sunken Cork) and the Township of Mount Lebanon (Township). We reverse and remand in part and affirm in part.

Appellant filed a six-count complaint on March 17, 1981 naming as defendants Sunken Cork, the Township, and Medical Rescue Team South. The claims against Medical Rescue Team South were dismissed before trial. Appellant averred that agents of Sunken Cork, a business licensed to serve alcoholic beverages, served him liquor when he was visibly intoxicated and that he suffered injuries which were proximately caused by his intoxicated state. Appellant averred that police officers employed by the Township committed torts and violated his constitutional rights in arresting and imprisoning him.

The first issue raised in Appellant's brief is whether the trial judge properly entered a compulsory non-suit as to Sunken Cork.

Section 493(1) of the Liquor Code*fn1 makes it unlawful

[f]or any licensee . . . or any employe, servant or agent of such licensee . . . 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. . . .

Id. If a licensee allows any of its agents to serve intoxicating liquor to one in a visible state of intoxication, it clearly has violated the law. If as a result of such intoxication the consumer of the intoxicants injures himself ...


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