Summary and Overview
Lora Ann Booker, the Plaintiff in the case was a student at Leigh University when she sustained injuries under the influence of alcohol. She was below the legal age of alcohol consumption and had consumed sizeable amounts of alcohol in private parties that were arranged by different student groups. The parties had not been authorized or sanctioned by the university. When she was returning under heavy intoxication, she attempted to walk through a rough trail full of steep inclines and rocks. Lora fell down and sustained injuries to her head that were later diagnosed as a hematoma in the brain. The plaintiff argued that Leigh University was to be held liable for negligence since the University had not imposed the age verification rules on the parties. There were no uniformed security guards at the parties to verify age and identification proof was also not asked for. Moreover, since the university was deemed as in loco parentis and so the university was obliged to impose restrictions on underage drinking. The plaintiff demanded damages and raised other claims.
Judgement
The honorable bench absolved the defendant, the University of Leigh from all claims of damages. The court also held that the role of in loco parentis assumed by the University did not extend to such activities and that if the University would find it impossible to intervene in the after college life of thousands of its students. After due observation, the honorable bench also observed that Lehigh did not plan or control the parties; it did not approve the parties; Lehigh did not supply any of the alcohol or even remotely assist in the plaintiff’s underage drinking binge. Alumni Association, 572 A.2d at 1213. In short, Lehigh was not a social host for the parties in question.
Kathleen McCrery, Appellant, v. John Scioli and Gene’s Restaurant, INC. 336 Pa. Super. 455; 485 A.2d 1170; 1984 Pa. Super. Lexis 7042Summary and Overview
The appellant Kathleen McCrery a motorist filed a suit against the appellee landlord John Sciolo who collected rent from Gene’s Restaurant, Inc. The appellant claimed that she and a minor friend Sarah Capanna who had consumed large amounts of liquor at Gene’s restaurant. Kathleen and her minor friend had got into the car and Sarah was driving the car but because of intoxication, she lost control and caused a car accident in which the appellant suffered severe injuries. Kathleen attempted to argue that the Landlord was responsible for her injuries since as a landlord of the premises that served alcohol, the appellee was also liable. Kathleen argued that the landlord was held liable for damages and compensation since the landlord was present in the premises when alcohol was served to the minor. Still, the landlord did not attempt to stop the sale and merely acted as a bystander.
Judgment
The landlord argued that his duty and responsibility only extended to letting out the premises and collecting monthly rent. There was no liability on the part of the appellee since he had no responsibility or authority in running the day-to-day affairs of the restaurant. At the close of the appellant’s case, upon motion of Gene’s Restaurant, Inc., the honorable judge entered a compulsory nonsuit in favor of Gene’s Restaurant, Inc. (and therefore the Capannas) against the appellant. On November 17, 1983, after an argument, Judge Takiff entered an order refusing to remove the compulsory nonsuit. The case against the appellee was dismissed even after the appellant filed an appeal holding that the appellant could not be held responsible for the accident.