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SIMON v. SHIRLEY

269 Pa.Super. 364 (1979)

409 A.2d 1365

William Harry SIMON, Administrator of the Estate of James Jude Simon, Deceased, and William Harry Simon, in his own right, Appellant, v. Paul SHIRLEY, Larry Wolfrey and Robert Whelan, Jr., Individually and trading as Frontier Saloon. Joan POWERS, Appellant, v. Paul SHIRLEY and Larry Wolfrey, Defendants and Joseph Keenan, Individually and t/a Joseph Keenan, Jr., Inc. and Frontier Saloon and William Harry Simon, Administrator of the Estate of James Jude Simon, Deceased, Additional Defendants. John CURLETT, Jr., Appellant, v. Paul SHIRLEY, Larry Wolfrey and Robert Whelan, Jr., Individually and trading as Frontier Saloon. Maryanne LAMBERTO, Appellant, v. Paul SHIRLEY, Larry Wolfrey and Joseph Keenan, Jr., Individually and trading as Frontier Saloon and William Harry Simon, Administrator of the Estate of James Jude Simon, Deceased.

Superior Court of Pennsylvania.

Filed September 14, 1979.

Petition for Allowance of Appeal Denied December 5, 1979.

Attorney(s) appearing for the Case

Harris T. Bock, Philadelphia, for appellant Simon at No. 1662.

Paul D. Nelson, Media, submitted for appellant Powers at No. 1767.

Bernard Edelson, Philadelphia, submitted for appellant Curlett at No. 1768.

Abraham Golden, Philadelphia, submitted for appellant Lamberto at No. 1793.

Bernard P. Carey, Upper Darby, for appellees Joseph Keenan, Jr., ind. and t/a Frontier Saloon.

Before CERCONE, HESTER and HOFFMAN, JJ.

CERCONE, President Judge:

On the evening of June 28, 1974, Paul Shirley and several other young people attended a birthday party at a private residence where they consumed an unknown quantity of beer. Sometime after midnight, Shirley and several others left the party and drove to the Frontier Saloon in Shirley's automobile. At the Frontier they were served and consumed additional alcoholic beverages notwithstanding...

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