Cassaro v. Zodiac Tour & Travel Inc.

4 Pa. D. & C.4th 132, 1989 Pa. Dist. & Cnty. Dec. LEXIS 111
CourtPennsylvania Court of Common Pleas, Lackawanna County
DecidedOctober 10, 1989
Docketno. 88 Civil 1465
StatusPublished
Cited by1 cases

This text of 4 Pa. D. & C.4th 132 (Cassaro v. Zodiac Tour & Travel Inc.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lackawanna County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cassaro v. Zodiac Tour & Travel Inc., 4 Pa. D. & C.4th 132, 1989 Pa. Dist. & Cnty. Dec. LEXIS 111 (Pa. Super. Ct. 1989).

Opinion

O’MALLEY, J.,

This matter concerns a tragic accident which occurred on October 25, 1986. It is alleged in the complaint for wrongful death and survival filed by Patrick A. Cassaro Jr. and Rose Ann Cassaro, in their capacity as parents and as administrators of the estate of Patrick A. Cassaro III, deceased, that on that date one Richard P. Gillott (the administrator of whose estate, Robert F. Gillott Sr., is a defendant, along with others herein) and other persons from the Carbondale area attended a football game at the Meadowlands, East Rutherford, New Jersey; that Gillott, and/or other members of the group, arranged with defendant Zodiac Tóur and Travel Inc. to provide transportation to and from the game; that defendant Mary Hayslett was an employee and/or office holder of Zodiac and defendant Stephen Came was an employee of Zodiac and the driver of the bus .which was the means of transportation; that all the passengers on the bus were minors and that they brought with them, onto the bus owned by Zodiac, beer and/or other , alcoholic beverages which were [134]*134consumed by them on the trip to and from the game; and that the alcoholic beverages were consumed in full view and with the knowledge of the driver, Came.

Apparently, the bus returned to Carbondale safely and discharged its passengers intact. However, Richard Gillott, after leaving the bus, then took a drive in his Toyota car and picked up plaintiffs decedent and three other boys. It is averred that on the above date plaintiffs decedent was riding in the car with four other minors, one of which was Richard P. Gillott, who was the driver; that the car veered off the road, hit a tree, burst into flames and all the occupants were fatally injured; and that as the result of Richard Gillott’s consumption of alcoholic beverages on the said bus, his ability to drive a motor vehicle was significantly impaired and compromised.

The negligence of Zodiac, and Came and Hayslett individually and as agents of Zodiac, it is alleged, was the failure to stop, discover and prevent the intoxicants from being brought on and consumed in the bus, or warn the minor passengers of a prohibition against alcohol and having no policy concerning same; “[providing and encouraging an atmosphere or environment for the consumption of beer and/or alcoholic beverages by the minor occupants, and this conduct was a substantial factor in bringing about the intoxication of Richard P. Gillott, and this conduct was a substantial factor in causing the accident and subsequent fatalities;” “[ajiding and abetting the minor occupants/passengers in the consumption of beer and/or alcoholic beverages by providing an environment in which said consumption was allowed, and/or encouraged, and that this assistance was a substantial factor in bringing about the intoxication of Richard P. Gillott, as well as the [135]*135subsequent accident and subsequent fatality;” and failure to provide adult supervision.

Defendants Zodiac, Stephen Came individually and as agent for Zodiac, and Mary Hayslett, individually and as agent for Zodiac, have filed a motion for judgment on the pleadings. It is their contention that there can be no cause of action against them with regard to any possible alcohol consumption by the decedent/driver since they did not serve or furnish alcoholic beverages to him; that they were not a social host, on the.occasion of the accident, under Pennsylvania law; that even if they were a social host they are not liable because the three-prong test enunciated in Jefferis v. Commonwealth of Pennsylvania, 371 Pa. Super. 12, 537 A.2d 355 (1988) has not been met; that they had no duty to plaintiffs decedent because the decedent was not a foreseeable plaintiff; and that plaintiffs decedent’s death was not proximately caused by the moving defendants’ conduct. Because we do not believe a summary judgment pertaining to these particular defendants is proper, in the case before us, their motion will be denied.

A motion for judgment on the pleadings may only be granted in cases where no material facts are at issue and the law is so clear that a trial would be fruitless. Sippos by Sippos v. Richards, 116 Pa. Commw. 124, 541 A.2d 413 (1988). All of the well pleaded allegations of the party opposing the motion must be accepted as true. Wade v. Heisey, 243 Pa. Super. 8, 64 A.2d 423 (1976).

It does not brook argument that actual serving of an intoxicating beverage to a minor is not necessary in order for liability to be present. Jefferis v. Commonwealth of Pennsylvania, supra; Meyers v. Roman, 36 D.&C. 3d 229 (1984).

The pernicious and pervasive problem of under[136]*136age drinking in our society has been judicially remarked upon. Congini by Congini v. Portersville Valve Co., 504 Pa. 157, 470 A.2d 515 (1983); Fasett v. Delta Kappa Epsilon, 807 F.2d 1150 (3d Cir. 1986).

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Bluebook (online)
4 Pa. D. & C.4th 132, 1989 Pa. Dist. & Cnty. Dec. LEXIS 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cassaro-v-zodiac-tour-travel-inc-pactcompllackaw-1989.