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DAUPHIN DEPOSIT BANK & TR. v. TOYOTA MOTOR CORP.

408 Pa.Super. 256 (1991)

596 A.2d 845

DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Guardian of the Estate of Rita M. Baxter, an Incompetent, Appellant, v. TOYOTA MOTOR CORPORATION, Toyota Motor Sales USA, Inc., Toyota Distributors, Inc., Hartman Motorcars Company, Commonwealth of Pennsylvania, Department of Transportation, Neptune Lounge, Inc. and Campari USA, Inc. v. Scott J. WITFIELD.

Superior Court of Pennsylvania.

Filed August 29, 1991.

Attorney(s) appearing for the Case

John A. Statler, Harrisburg, for appellant.

James M. Beck, Philadelphia, for Campari USA, appellee.

Before JOHNSON, HUDOCK and CERCONE, JJ.

CERCONE, Judge:

This is an appeal from the order sustaining appellee's Preliminary Objections filed in the nature of a demurrer. We affirm.

On appeal, plaintiff/appellant raises four issues for our consideration:

1. Did the trial court err in its ruling that the dangers of consumption of alcoholic beverages were so obvious and well known to the consuming public, as a matter of law, as to preclude Plaintiff from proving that Defendant's [sic] failure...

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