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JIMINEZ v. ALL AMERICAN RATHSKELLER, INC.

No. 06-3670.

503 F.3d 247 (2007)

Grace JIMINEZ, as Administratrix of the Estate of Salvador Peter Serrano; Brooke E. Morgan v. ALL AMERICAN RATHSKELLER, INC. d/b/a The Rathskeller Bar; Borough of State College d/b/a State College Police Dept.; Phyllis H. Gentzel, d/b/a The Gentzel Corporation; Bluebird Entertainment Enterprise, d/b/a The Dark Horse; Jason Rosengrant; Ryan Rosengrant; Curtis Rosengrant; Colin Haughton; Associated Property Management, Inc., d/b/a Associated Realty Property Management Grace Jiminez, Appellant.

United States Court of Appeals, Third Circuit.

Filed: September 21, 2007.

Attorney(s) appearing for the Case

Louis A. Bove, Marc J. Syken, Bodell, Bove, Grace & Van Horn, P.C., Philadelphia, PA, Counsel for Appellants.

John Flounlacker, Esq., Michele J. Thorp, Esq., Thomas, Thomas & Hafer, LLP, Harrisburg, PA, Counsel for Appellee Borough of State College d/b/a State College Police Department.

Joseph P. Green, Lee, Green & Reiter, Bellefonte, PA, Counsel for Appellee Phyllis H. Gentzel d/b/a/ Gentzel Corp.

Harvey Pasternack, Pasternack & associates, State College, PA, Counsel for Appellee Bluebird Entertainment Enterprise d/b/a The Dark Horse.

Before: SLOVITER, SMITH, and GARTH, Circuit Judges.

Submitted Pursuant to Third Circuit L.A.R. 34.1(a) September 19, 2007.

OPINION

SMITH, Circuit Judge.

Salvador Peter Serrano died in the early hours of October 26, 2003. Serrano was a student at Pennsylvania State University. Serrano was walking down an alleyway in the Borough of State College near a bar known as the Rathskeller at about 1:30 am with plaintiff Brooke Morgan, Timothy Padalino, and Alison Bresnahan. Padalino stopped in a parking lot...

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