McGAHA v. MATTER


365 Pa.Super. 6 (1987)

528 A.2d 988

Jack Conrad McGAHA and Shawn Welsh, Appellants, v. Louis MATTER, Whiton, Inc., d/b/a Home Plate Bar and Sara J. Kelly, t/d/b/a Kelly's Beer Distributor, Appellees.

Supreme Court of Pennsylvania.

Filed July 23, 1987.


Attorney(s) appearing for the Case

John T. Bender, Pittsburgh, for appellants.

Mark I. Bernstein, Philadelphia, for Whiton, appellee.

Robert W. Murdoch, Pittsburgh, for Kelly, appellee.

Before CIRILLO, President Judge, and CAVANAUGH, BROSKY, WIEAND, McEWEN, OLSZEWSKI, DEL SOLE, MONTEMURO and TAMILIA, JJ.


PER CURIAM:

Can a licensed beer distributor who unlawfully sells beer to a minor be held liable to third persons for injuries caused by the minor's subsequent intoxication? The trial court held that no such cause of action existed and sustained preliminary objections in the nature of a demurrer to a complaint which had failed to include an averment that the minor had been visibly intoxicated at the time of the sale. We reverse and remand for further proceedings.<...

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