Beatty v. Lee's Woodland Lanes

73 Pa. D. & C.4th 398, 2005 Pa. Dist. & Cnty. Dec. LEXIS 30
CourtPennsylvania Court of Common Pleas, Armstrong County
DecidedJune 6, 2005
Docketno. 2001-1180-Civil
StatusPublished

This text of 73 Pa. D. & C.4th 398 (Beatty v. Lee's Woodland Lanes) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Armstrong County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beatty v. Lee's Woodland Lanes, 73 Pa. D. & C.4th 398, 2005 Pa. Dist. & Cnty. Dec. LEXIS 30 (Pa. Super. Ct. 2005).

Opinion

NICKLEACH, P.J.,

Before the court for disposition is the defendants’ motion for summary judgment. This negligence action arises out of an accident which occurred October 10, 1999, at Lee’s Woodland Lanes, a bowling alley in Leechburg, Pennsylvania. The plaintiffs are Christine L. Beatty and Lonnie Beatty, wife and husband. The named defendants are Lee’s Woodland Lanes, Continental Bowling Partnership, and Richard Snyder, Joseph Tamburino and Walter Zimmerman (the partners). Mrs. Beatty has sued under a negligence theory for injuries she allegedly received when she slipped and fell on an oiled bowling lane while attempting to retrieve her 18-month-old son. Mr. Beatty has sued for loss of consortium. The pertinent facts are as follows.

[400]*400STATEMENT OF THE FACTS

On September 30, 1988, Continental Bowling Partnership purchased the real property and bowling alley facility known as Lee’s Woodland Lanes. Defendants’ answer to interrogatory no. 2. The partnership purchasing the property consisted of Richard Snyder, Joseph Tamburino and Walter Zimmerman. See deed attached to complaint; August 25, 1988 partnership agreement attached to defendants’ response to request for production of document.

The bowling alleys and bowling equipment were already in existence on site when the real property was acquired and the bowling alley had already been operating as a business open to the public. Answers to interrog. nos. 4,53. No alterations of any substance had been made to the bowling lanes since the bowling business was acquired by the partnership in 1988. Answer to interrog. no. 57. (emphasis added)

After the partnership purchased the property, it leased the premises to Continental Bowling Corp. (the Corporation), a corporation which defendants Snyder, Tamburino and Zimmerman had formed on May 3, 1988.1 Def’s answer to interrog. no. 8. The corporation commenced operation of Lee’s Woodland Lanes in October 1988. Id.

There was no written lease between the partnership and the corporation, nor was there any public record in[401]*401dicating that the bowling alley business had been leased or that the bowling alley business was being operated by anyone other than the record owner of the real estate (the partnership). Answer to interrog. nos. 10,11 and 12. The corporation operated the bowling alley business under the names Lee’s Lanes and Lee’s Woodland Lanes and held itself out to the public as doing business under those names. Answers to interrog. nos. 14 and 15. Neither the corporation nor the partnership ever registered Lee’s Woodland Lanes or Lee’s Lanes as a fictitious name. Answer to interrog. no. 20.

Both the partnership’s mailing address and the corporation’s mailing address are R.D. #1, Box 409, Vandergrift, Pennsylvania, the same address as Lee’s Woodland Lanes. Answer to interrog. no. 62.2 The partnership’s office, place of business and records and the corporation’s office are located at Lee’s Woodland Lanes, R.D. #1, Box 409, Vandergrift, Pennsylvania. Answer to interrog. no. 61; see 1999 Corporation Income Tax Return attached to brief in response to motion.

The three shareholders of the corporation at the time of plaintiff’s accident in 1999 were Zimmerman, Snyder and Tamburino. Answer to interrog. no. 24. “On the date of the accident, the president of Continental Bowling Corp. was Joseph S. Tamburino, the secretary was Richard Snyder, and the treasurer was Walter Zimmerman. Joseph S. Tamburino, as of the date of the accident, was in the process of retiring and had little to no involve[402]*402ment in the day-to-day operation of the bowling business. The responsibilities for the day-to-day operations fell to Walter E. Zimmerman and Richard Snyder. Walter E. Zimmerman was primarily in charge of the mechanical operations of the bowling alley, such as the pin setting machines, ball returns, etc. Richard Snyder dealt more with the part of the operation, involving the front desk, leagues, birthday parties, etc.” Answer to interrog. no. 26.

In response to the question, “Have any of the defendants ever performed work on behalf of, or with regard to, the real estate or the entity that owns said real estate ... ? If so, identify what work, duties and responsibilities were performed, when and by whom,” defendants replied, “See preceding answers.” Answer to interrog. no. 27. Defendants then deny that the partnership had performed any work with regard to the bowling alley business, stating that Snyder and Zimmerman performed the work outlined above in their capacities as officers of Continental Bowling Corp. Answer to interrog. no. 28. “As of the date of the accident, . . . Tamburino, . . . Zimmerman, and... Snyder had responsibilities for the management, operation, maintenance and policy making of the bowling alley business.” Answer to interrog. no. 32.

Asked who was responsible for researching, reviewing, inspecting, establishing, maintaining and monitoring of safety policies and procedures, as well as for decisions regarding the same for the owners ofthe real estate at the time of the accident, defendants responded, “As of the date of the accident, mo delegation ofspecific duties regarding safety p&Ucies and procedures had been [403]*403established for Continental Bowling Partnership. However, to the extent that any such safety policies or procedures were instituted, they would have been instituted by Walter E. Zimmerman and Richard Snyder. ” Answer to interrog. no. 33. (emphasis added)

Both families and children were permitted to bowl at almost any time of day at Lee’s, except for the time periods when adult nighttime leagues were bowling. Answer to interrog. no. 41. Lee’s “has always encouraged the participation of children.” Answer to interrog. no. 49. Plaintiffs and their three children were permitted to enter the premises on October 10,1999, and bowl. Answer to interrog. no. 50. Mrs. Beatty was not a regular or experienced bowler. Beatty affidavit, para. 7, attached to plaintiffs’ brief in response to motion for summary judgment. Prior to the date and incident in question, Mrs. Beatty may have bowled on one or two occasions. Id. at para. 8.

Before Lonnie Jr. and her other two children began to bowl, Mrs. Beatty gave them certain instructions. She instructed the children to pick up the bowling ball, walk down the approach area, swing the ball back, let go of it, and roll the ball down the lane. Beatty depo. at 47-48, exhibit A of brief in support of motion for summary judgment. She could not be certain that she told Lonnie not to cross the foul line, although she thought she probably did. Id. at 48. Mrs. Beatty did demonstrate for the children where they were to stop and release the ball, which was behind the foul line. Id.

When he bowled, Lonnie was not able to swing the ball back and bring it forward as his mother had demonstrated. Id. at 49. Instead, he would pick the ball up with [404]*404two hands, push it, and let go of it. Id. He would walk up to the foul line and roll the ball from there. Id. Mrs. Beatty would walk along with him and accompany him to the line. Id. Lonnie had bowled approximately five frames prior to the incident in question. Id. at 47.

Just prior to the incident, Mrs. Beatty helped Lonnie pick up the ball and walk to the beginning of the lane and told him to push the balk. Id.

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Bluebook (online)
73 Pa. D. & C.4th 398, 2005 Pa. Dist. & Cnty. Dec. LEXIS 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beatty-v-lees-woodland-lanes-pactcomplarmstr-2005.