Klein v. Raysinger
| Decision Date | 30 December 1983 |
| Docket Number | Nos. 44,s. 44 |
| Citation | 504 Pa. 141,470 A.2d 507 |
| Parties | Michael KLEIN, Appellant, v. Mark RAYSINGER, 600 Corp. t/a Neptune Inn, Michael Gilligan and Mr. and Mrs. William T. Gilligan, Appellees. Myron KLEIN, Phillip Klein, and Myron Klein, Administrator of the Estate of Shirley M. Klein, Deceased, Appellants, v. Mark RAYSINGER, 600 Corp. t/a Neptune Inn, Michael Gilligan and Mr. and Mrs. William T. Gilligan, Appellees. E.D. 1982 and 94 E.D. 1982. |
| Court | Pennsylvania Supreme Court |
William R. Solvibile, Philadelphia, for Myron Klein, et al.
Dean B. Stewart, Jr., Norristown, for the Gilligans.
Charles J. Weiss, Ambler, for Raysinger.
Before ROBERTS, C.J., and NIX, LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.
This appeal involves the consolidated cases of Klein v. Raysinger, et al., 1 44 Eastern District Appeal Docket 1982; and Myron Klein, Phillip Klein, and Myron Klein, Administrator of the Estate of Klein v. Raysinger et al., 2 94 Eastern District Appeal Docket 1982.
Appellant in No. 44, Michael Klein, filed a personal injury action against Mark Raysinger and others, as a result of an automobile accident. Appellants in No. 94, Myron and Phillip Klein, filed personal injury actions against Mark Raysinger and others (including Michael Klein, as the driver of the vehicle in which they were travelling); and Myron Klein as the Administrator of the Estate of Shirley M. Klein, filed a personal injury action, a wrongful death action, and a survivors action against Mark Raysinger and others (including Michael Klein, as the driver of the vehicle in which Shirley M. Klein was travelling). As part of these actions the Kleins instituted suit against Mr. and Mrs. William Gilligan and their son Michael Gilligan, who were charged with negligence in serving one or more alcoholic beverages to Raysinger at a time when the latter was visibly intoxicated. 3
In each case the Gilligans filed preliminary objections in the nature of a demurrer. In both instances the preliminary objections were sustained by the Court of Common Pleas of Montgomery County. On appeal the Superior Court affirmed. 4 Petitions for allowance of appeal were filed and granted, and the cases were consolidated for our review. 5
Upon demurrer, a reviewing court must regard as true all well pleaded facts and reasonable inferences deducible therefrom. Sinn v. Burd, 486 Pa. 146, 149, 404 A.2d 672, 674 (1979). Given this standard we are confronted with the following facts: On or about May 8, 1978, Michael Klein and his family were driving on the Pennsylvania Turnpike when they were struck in the rear by a vehicle which was driven by Mark Raysinger. Prior to the collision Raysinger had been a patron of the Neptune Inn, where he had consumed an undisclosed amount of alcohol. Prior thereto, Mr. Raysinger had been served beer and other alcoholic beverages at the home of the Gilligans. It is alleged that Raysinger was visibly intoxicated at the time he was served by the Gilligans, and that it was known at the time that Raysinger would be driving. As a consequence, appellants' claim that the Gilligans are liable in negligence for the injuries they sustained in the accident.
Although the lower courts relied in part on Manning v. Andy, 454 Pa. 237, 310 A.2d 75 (1973), this case is in reality one of first impression in this jurisdiction. 6 Appellants are requesting this Court to recognize a new cause of action in negligence, against a social host who serves alcohol to a visibly intoxicated person, whom the host knows, or should know, intends to drive a motor vehicle.
A number of other jurisdictions have considered this issue, and our research, aided by the able briefs of counsel for both appellants and appellees, reveal only two jurisdictions in which a cause of action in negligence has actually been recognized against a social host serving alcoholic beverages to a person past the legal drinking age: California and New Jersey.
In Coulter v. Superior Court of San Mateo, 21 Cal.3rd 144, 145 Cal.Rptr. 534, 577 P.2d 669 (1979) the California Supreme Court held that under modern negligence law "a social host who furnishes alcoholic beverages to an obviously intoxicated person, under circumstances which create a reasonably foreseeable risk of harm to others, may be held legally accountable to those third parties who are injured when that harm occurs." Id. at 147, 145 Cal.Rptr. at 535, 577 P.2d at 670. However, this cause of action was very short lived, as the California Legislature expressly abrogated this holding by enacting Section 1714 of the California Civil Code. 7 See Cory v. Shierloh, 29 Cal.3d 430, 174 Cal.Rptr. 500, 629 P.2d 8 (1981) (). 8
In New Jersey, a trial court in ruling on a motion for summary judgment, ignored the California Legislature's actions and relied upon Coulter, supra, in holding that a social host was liable for furnishing alcoholic beverages to an obviously intoxicated person. Figuly v. Knoll, 185 N.J.Super., 477, 449 A.2d 564 (1982). However, the case was never appealed, and the issue has yet to be addressed by an appellate court in that jurisdiction. Cf. Linn v. Rand, 140 N.J.Super. 212, 356 A.2d 15 (App.Div.1976) ().
A third jurisdiction, Oregon, has in the past, indicated a willingness to entertain a cause of action in negligence. See Weiner v. Gamma Phi Chapter of Alpha Tau Omega Fraternity, 258 Or. 632, 485 P.2d 18 (1981). 9 However, the facts of that case involved the service of a minor, a fact which we find significant. 10
In this regard, we note that there are no reported Oregon cases finding common law social host liability in the situation where an adult guest was the consumer of alcohol. Also, similar to the California Legislature, the Oregon legislative body took the issue out of the hands of the Courts, by legislatively defining the possible cause of actions. 11 See Note. Chapter 801: Commercial and Social Host Liability for Dispensing Alcoholic Beverages, 16 Williamette L.Rev. 191 (1980).
While it is true that some other jurisdictions have recognized a common law action against a social host, they have done so only in the limited situations where an adult host has served intoxicants to a minor; Burke v. Superior Court, 129 Cal.App.3d 570, 181 Cal.Rptr. 149 (1980); Brattain v. Herron, 159 Ind.App. 663, 309 N.E.2d 150 (1974); Thaut v. Finley, 50 Mich.App. 611, 213 N.W.2d 820 (1973); or the individual served was under a special disability, 12 Cantor v. Anderson, 126 Cal.App.3d 124, 178 Cal.Rptr. 540 (1982).
But for the above noted exceptions no other jurisdiction has been willing to extend liability to the social host who has served intoxicants to his adult guests. See Chastain v. Litton Systems, Inc., 527 F.Supp. 527 (W.D.N.C.1981) vacated on other grounds, 694 F.2d 957 (4th Cir.1982), cert. denied, 462 U.S. 1106, 103 S.Ct. 2454, 77 L.Ed.2d 1334 (1983); Cartwright v. Hyatt Corp., 460 F.Supp. 80 (D.C.D.C.1978); Fruit v. Schreiner, Alaska, 502 P.2d 133 (1972); Kowal v. Hofher, 181 Conn. 355, 436 A.2d 1 (1980); Miller v. Moran, 96 Ill.App.3d 596, 52 Ill.Dec. 183, 421 N.E.2d 1046 (1981); Behnke v. Pierson, 21 Mich.App. 219, 175 N.W.2d 303 (1970); Cole v. City of Spring Lake Park, Minn., 314 N.W.2d 836 (1982); Runge v. Watts, 180 Mont. 91, 589 P.2d 145 (1979); Hamm v. Carson City Nugget, Inc., 85 Nev. 99, 450 P.2d 358 (1969); Schirmer v. Yost, 60 A.D.2d 789, 400 N.Y.S.2d 655 (1977); Edgar v. Kajet, 84 Misc. 100, 375 N.Y.S.2d 548 (1975) aff'd 55 A.D.2d 597, 389 N.Y.S.2d 631 (1976); Tarwater v. Atlantic Co., 176 Tenn. 510, 144 S.W.2d 746 (1940); Halvorson v. Birchfield Boiler, Inc., 76 Wash.2d 759, 458 P.2d 897 (1969).
Thus, the great weight of authority supports the view that in the case of an ordinary able bodied man it is the consumption of the alcohol, rather than the furnishing of the alcohol, which is the proximate cause of any subsequent occurrence. This is in accord with the recognized rule at common law. See Anno.: Damage from Sale or Gift of Liquor or Drug. 97 A.L.R.3d 528 § 2 at 533 (1980); 45 Am.Jur.2d. Intoxicating Liquor § 553. We agree with this common law view, and consequently hold that there can be no liability on the part of a social host who serves alcoholic beverages to his or her adult guests.
Therefore, we affirm the order of the Superior Court and remand this case to the Court of Common Pleas of Montgomery County for proceedings not inconsistent with this opinion.
Section 493(1) of the Liquor Code makes it "unlawful ... for any licensee or the board, or any employe, servant or agent of such licensee, or the board, or any other person, to sell, furnish or give any liquor ... or to permit any liquor ... to be sold, furnished or given, to any person visibly intoxicated...." 47 P.S. § 4-493(1) (emphasis added). The use of the language "any other person" clearly manifests a legislative intent to impose an obligation upon all persons to refrain from furnishing alcoholic beverages to visibly intoxicated persons in circumstances which create a reasonably foreseeable risk of harm to third parties. In light of this legislatively imposed standard of conduct, the complaint in trespass, which seeks recovery for injuries allegedly caused by the serving of liquor by a social host to a visibly intoxicated guest, should be reinstated. See Manning v. Andy, 454 Pa. 237, 310 A.2d 75 (1973) (Manderino, J., dissenting, joined by Roberts, J.).
Accordingly, I dissent, would reverse the order of the Superior Court, and would allow the case to proceed to trial.
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