Appeal from the Order entered November 28, 1988 in the Court of Common Pleas of Philadelphia County, Civil Division, at No. 1338 Jan. Term 1985.
Phillip M. Gilligan, Philadelphia, for appellant.
Audrey L. Jacobsen, Philadelphia, for Marriott Corp., appellee.
Edward L. McCandless, Jr., Philadelphia, for Quincy's, appellee.
Beck, Johnson and Hoffman, JJ.
[ 388 Pa. Super. Page 123]
This is an appeal from an order dated November 28, 1988, granting appellee-Marriott Corporation's motion for summary judgment. Appellant contends that the court below erred in entering its order. For the reasons that follow, we affirm the order below.
[ 388 Pa. Super. Page 124]
On November 1, 1985, appellant filed a complaint against defendants, Marriott Corporation ("Marriott"),*fn1 and "Quincy's," for damages she sustained as a result of a single-car accident. In her complaint appellant alleged that defendants were liable because they violated Pennsylvania's Dram Shop Act, 47 Pa.S.A. § 4-493, by serving her alcoholic beverages while she was visibly intoxicated, proximately causing her injuries. Defendants answered and filed crossclaims against each other, both denying that appellant was served alcoholic beverages at their establishments while visibly intoxicated. Depositions of appellant and witnesses Thomas Field and John McCoy were taken on September 24, 1987, and December 8, 1987. Thereafter, Marriott filed a motion for summary judgment alleging that the evidence adduced during discovery revealed no facts supporting a dram shop action against them. Appellant and co-defendant Quincy's opposed the motion. On November 30, 1988, the trial court granted the motion, dismissing all claims against Marriott with prejudice. This appeal followed.
Appellant contends that the trial court erred in granting summary judgment in favor of Marriott because a factual issue exists as to whether she was served alcoholic beverages at Charley's Place while she was visibly intoxicated. A motion for summary judgment may properly be granted when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. See Hedlund Mfg. Co. v. Weiser, et al., 517 Pa. 522, 539 A.2d 357 (1988); see also Gabovitz v. State Auto Ins. Ass'n., 362 Pa. Super. 17, 523 A.2d 403 (1987); Pa.R.Civ.P. 1035(b). Summary judgment may be entered only in cases that are clear and free from doubt. Weiss v. Keystone Mack Sales, Inc., 310 Pa. Super. 425, 430, 456 A.2d 1009, 1011 (1983). Additionally, the record must be examined in the light most favorable to the
[ 388 Pa. Super. Page 125]
non-moving party, accepting as true all well-pleaded facts in their pleadings and giving that party the benefit of all reasonable inferences drawn therefrom. Hower v. Whitmak Assoc., 371 Pa. Super. 443, 445, 538 A.2d 524, 525 (1988); Ferguson v. King, 362 Pa. Super. 543, 524 A.2d 1372 (1987). Moreover, in summary judgment proceedings, the court's function is not to determine the facts, but only to determine if a material issue of fact exists. French v. United Parcel Serv., 377 Pa. Super. 366, 372, 547 A.2d 411, 414 (1988). Thus, an order granting a motion for summary judgment will not be reversed unless the court below has committed an error of law or clearly abused its discretion. Ackler v. Raymark Indus. Inc., 380 Pa. Super. 183, 185-86, ...