Hartman v. Bethany College

• Decision Date: 23 April 1991
• Docket Number: Civ. A. No. 89-0017-W(S).
• Citation: 778 F. Supp. 286
• Court: U.S. District Court — Northern District of West Virginia
• Parties: Heather HARTMAN and Joanne Hartman, Plaintiffs, v. BETHANY COLLEGE, Defendant.

778 F. Supp. 286

Heather HARTMAN and Joanne Hartman, Plaintiffs, v. BETHANY COLLEGE, Defendant.

Civ. A. No. 89-0017-W(S).

United States District Court, N.D. West Virginia.

April 23, 1991.

COPYRIGHT MATERIAL OMITTED

Arthur L. Jenkins, Jr., Norristown, Pa., Paul J. Harris, Martinsburg, W.Va., for plaintiffs.

Avrum Levicoff, Pittsburgh, Pa., for defendant.

MEMORANDUM OPINION

STAMP, District Judge.

This action arises out of the assault of Heather Hartman by two men whom she met while drinking at Bubba's Bison Inn on the night of September 25, 1987. Plaintiffs have sued Bethany College alleging that the College's negligence was the proximate cause of Heather Hartman's injuries. Bethany has denied acting negligently. The issues now before the Court are whether defendant breached any of the duties it owed Heather Hartman and whether Bethany stood in loco parentis to Heather Hartman. The Court answers both questions in the negative and, accordingly, GRANTS defendant's motion for summary judgment.

I. Background

Plaintiffs Heather Hartman and Joanne Hartman, in her own right and as parent and natural guardian of Heather Hartman, filed this action in the United States District Court for the Northern District of West Virginia on March 20, 1989, seeking compensatory damages from defendant Bethany College, a four-year private institution of higher education in Bethany, West Virginia. Plaintiffs allege that the agents, servants, and employees of Bethany College were negligent toward Heather Hartman in that they failed to exercise the duties and obligations of one standing in loco parentis to a minor; failed to adequately supervise the activities of Heather Hartman; failed to advise Heather Hartman of the laws, codes, and regulations of the State of West Virginia; failed to warn Heather Hartman of the unlawfulness and dangers of her activities at Bubba's Bison Inn; failed to maintain a safe environment for Heather Hartman; and failed to exercise due care under the circumstances.

Defendant denies that it stood in loco parentis to Heather Hartman. Defendant further denies breaching any duty it owed to Heather Hartman and states that Heather Hartman assumed the risk of the injuries alleged in the complaint and was contributorily negligent in excess of any negligence upon Bethany College's part. Defendant denies all liability for plaintiffs' injuries.

The Court's jurisdiction over these claims is grounded in 28 U.S.C. § 1332, diversity of citizenship.

Defendant filed its answer to plaintiffs' complaint on December 8, 1989. On July 5, 1990, defendant filed a Motion for Summary Judgment with an accompanying memorandum of law. Plaintiffs filed a response brief to defendant's motion on July 27, 1990. Defendant filed its reply brief on August 7, 1990.

On March 15, 1991, this Court ordered plaintiffs to provide evidence that at the time of the incident giving rise to this cause of action, Bubba's Bison Inn was owned, leased, operated or controlled by Bethany College. Plaintiffs submitted a supplemental affidavit in response to the Order of this Court on March 28, 1991.

II. Uncontested Material Facts

During the evening hours of September 25, 1987, Heather Hartman, a seventeen year old freshman at Bethany College, walked from her dormitory room on the Bethany College campus to Bubba's Bison Inn, which is located near the college in the small college town of Bethany. Bubba's Bison Inn is a bar attracting Bethany students and faculty, which displays Bethany College memorabilia and is named after the College's mascot. Hartman gained admission to Bubba's Bison Inn by displaying her Bethany student identification card.

Hartman, who knew that West Virginia's drinking age was twenty-one, drank part of one beer while socializing with friends before leaving Bubba's Bison Inn. Shortly after leaving, Hartman returned to Bubba's Bison Inn. Sometime after returning, Hartman was introduced to Jim Pearson and Todd VanDyke, two men seated at the bar. Pearson bought Hartman a beer and later a shot of Jack Daniels while the two engaged in conversation. After approximately one hour, Pearson and Hartman left the bar and went to Pearson's car. VanDyke joined Pearson and Hartman in the car, whereupon Hartman was taken to VanDyke's house, where she was assaulted by both men.

III. Rule 56 Standards

Under Fed.R.Civ.P. Rule 56(c), summary judgment is appropriate if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show there is no genuine issue as to material fact and the moving party is entitled to judgment as a matter of law." The defendant seeking summary judgment bears the initial burden of showing the absence of any issues of material fact. Fed.R.Civ.P. Rule 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322-323, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). However, as the United States Supreme Court noted in Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986), "Rule 56(c) itself provides that a party opposing a properly supported motion for summary judgment may not rest upon mere allegation or denials of her pleading, but must set forth specific facts showing that there is a genuine issue for trial." Id. at 256, 106 S.Ct. at 2514. "The inquiry performed is the threshold inquiry of determining whether there is the need for a trial— whether, in other words, there are any genuine factual issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party." Id. at 250, 106 S.Ct. at 2511.

In Celotex, the Court stated that "the plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Id. at 322, 106 S.Ct. at 2552. Summary judgment is not appropriate until after the non-moving party has had sufficient opportunity for discovery. Oksanen v. Page Memorial Hospital, 912 F.2d 73, 78 (4th Cir.1990). In reviewing the supported underlying facts, however, all inferences must be viewed in the light most favorable to the party opposing the motion. Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986).

Defendant has attached deposition testimony and documentary evidence to its brief supporting the facts alleged therein. Plaintiffs have supplemented the factual assertions in their brief with a supporting affidavit. No discovery requests are outstanding.

IV. Whether There Is Any Issue of Material Fact That Would Preclude a Grant of Summary Judgment in Favor of Bethany College

The primary question that this Court must address is whether any disputed issues as to material fact exist that must be decided by the finder of fact before the relevant law can be applied. After a review of all materials now before it, the Court concludes that no materially factual issues in dispute exist so as to survive defendant's Motion for Summary Judgment. The only questions remaining in the case are wholly questions of law, which this Court can and must resolve at this stage of the case. The Court concludes that Defendant Bethany College is entitled to summary judgment.

A. There Is No Genuine Issue of Material Fact as to Who Owned, Leased, Operated and Controlled Bubba's Bison Inn

Defendant states in its memorandum in support of its motion for summary judgment that Bubba's Bison Inn was located off the Bethany College campus. In his affidavit, Robert A. Sandercox, Senior Vice President of Bethany College, states that on September 25, 1987, Bubba's Bison Inn was not owned, operated or controlled by Bethany College and was not on property that was owned, operated or controlled by Bethany College. Plaintiffs, both in their response brief to defendant's motion for summary judgment and in the affidavit of Heather Hartman, state that Bubba's Bison Inn was located on the campus of Bethany College. Plaintiffs agree with defendant that on September 25, 1987, Bubba's Bison Inn was owned and operated by William Reid, a former employee of Bethany College.

On March 15, 1991, this Court entered an Order requiring plaintiffs to provide evidence that on September 25, 1987, Bubba's Bison Inn was owned, leased, operated or controlled by defendant. The Court stated that failure to comply with the Order would constitute an admission that Bethany College did not own, lease, operate or control Bubba's Bison Inn. Plaintiffs filed a supplemental affidavit on March 28, 1991, in which Heather Hartman states that "at the time of the incident, the building was owned either legally or beneficially by William `Bubba' Reid who ... was not employed by Bethany College." Nowhere in the supplemental affidavit does Hartman affirmatively state that Bethany College owned, leased, operated or controlled Bubba's Bison Inn nor has any documentary evidence to that effect been presented.

As the Supreme Court explained in Anderson, the Court must perform "the threshold inquiry of determining whether there is the need for a trial—whether, in other words, there are any genuine factual issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party." 477 U.S. at 250, 106 S.Ct. at 2511. In this case, there simply is not a genuine issue of material fact that can only be resolved by a finder of fact. Either Bethany College owned, leased, operated or controlled Bubba's Bison Inn or it did not. This Court would not be properly or efficiently performing its adjudicatory role if it were to find that an issue of fact exists as to the location of Bubba's Bison Inn when defendant has presented Vice President Sandercox's affidavit stating that Bethany did not own, lease, operate or...