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BRIAN BROWER v. CITY PHILADELPHIA (04/05/89)

decided: April 5, 1989.

BRIAN BROWER, BY HIS PARENTS AND NATURAL GUARDIANS, WILBUR AND HELEN BROWER, IN THEIR OWN RIGHT AND BRIAN BROWER, IN HIS OWN RIGHT, APPELLANTS
v.
CITY OF PHILADELPHIA, FAIRMONT PARK COMMISSION, THE KORMAN CORPORATION, INC., AND THE RUSHWOOD APARTMENTS, KNIGHTS DELI, INC., RAYMOND E. REYNOLDS ET AL., APPELLEES



Appeal from the Order of the Court of Common Pleas of Philadelphia County, in the cases of Mark Glynn, a minor, by his parent and natural guardian, Barbara Glynn and Barbara Glynn, in her own right v. Raymond Reynolds, Jr., Raymond E. Reynolds and Janet Reynolds, No. 3539, August Term, 1981, and Brian Brower, by his parents and natural guardians, Wilbur and Helen Brower, and Wilbur and Helen Brower, in their own right and Brian Brower, in his own right v. City of Philadelphia, Fairmont Park Commission, The Korman Corporation, The Rushwood Apartments, Knights Deli, Inc. and Raymond and Janet Reynolds, Husband and Wife, in their own right and parents and natural guardians of Raymond E. Reynolds, Jr., and Raymond E. Reynolds, Jr., in his own right, No. 2491 October Term, 1982.

COUNSEL

Myles Glasgow, Baratta & Fenerty, LTD., for appellants.

Robert M. McKain, Boroff, Harris & Heller, P.C., for Knights Deli, Inc., Appellee.

Angelo Scaricamazza, with him, George W. Overton, Naulty, Scaricamazza & McDevitt, for Korman Corporation and The Rushwood Apartments, Appellees.

President Judge Crumlish, Jr., Judge McGinley (p.), and Senior Judge Narick, sitting as a panel of three. Opinion by Senior Judge Narick.

Author: Narick

[ 124 Pa. Commw. Page 587]

Brian Brower (Brian) and Wilbur and Helen Brower, his parents, collectively referred to as Appellants, appeal from an order of the Court of Common Pleas, which granted Knights Deli, Inc.'s (Knights Deli's) motion for partial summary judgment as to Count II of Appellants', Plaintiffs' below, amended complaint. We affirm.

The facts are as follows. On October 17, 1980, Raymond E. Reynolds (Reynolds), then a minor of seventeen years of age, purchased beer from Knights Deli. Reynolds left Knights Deli and went to an area known as "the Woods," to drink the beer. The Woods, owned and maintained by the City of Philadelphia and the Fairmont Park Commission, was a center for teenage drinking, illegal drug use, illicit sexual activity and violence. Reynolds became involved in a disturbance which ended in his firing several rifle shots indiscriminately into a crowd. Brian allegedly had been an invited guest at a party at the Rushwood Apartments located next to the Woods. When

[ 124 Pa. Commw. Page 588]

Brian left Rushwood Apartments, he was struck by one of Reynolds' rifle shots, rendering him a quadraplegic.

Count I of the amended complaint alleged that Knights Deli's sale of beer to Reynolds was "in direct contravention of the laws of the Commonwealth of Pennsylvania." (Amended Complaint, Paragraph 17(p).)*fn1

Count II of Appellants' amended complaint is a claim asserted against Knights Deli by Brian's parents for: (1) past and future medical expenses; (2) loss of their son's services; and (3) the loss of their son's comfort, society and companionship. Knights Deli filed an answer and new matter to the amended complaint specifically denying liability for any of Reynolds' actions.

At the October 2, 1987 oral argument upon the motion for summary judgment, it was determined via interrogation by counsel, that Brian's date of birth was December 20, 1960, and that he was approximately 19 years and 10 months of age at the time of the shooting. Knights Deli made three arguments: 1) that Brian's parents were not entitled to recover on their own behalf for the past and future medical expenses since Brian was no longer a minor; 2) that Brian's parents were not entitled on their own behalf to recover for loss of services because Brian was an adult at the time of the injury; and 3) that Brian's parents' claim for loss of their son's comfort, society and companionship also failed to state a cause of action upon which relief could be granted since Pennsylvania does not recognize the cause of action for loss of filial consortium.

The trial court granted Knights Deli's motion for summary judgment as to Count II of Appellants' amended ...


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