INTRODUCTION
Presently before the court is a motion for judgment on the pleadings pursuant to Pa.R.C.P. 1034, brought by additional defendant, Ryan Potts. The plaintiff and original defendant, David Phillips, have filed timely responses together with their briefs in opposition to said motion to which the additional defendant, Ryan Potts, filed a reply brief in support of his motion for judgment on the pleadings. The parties have presented their respective arguments to the court on September 29,2004. We now consider this matter ripe for disposition. The allegations as set forth in the pleadings are as follows:
STATEMENT OF THE CASE
The within action was commenced by the plaintiff, J. Craig Currie, administrator ad prosequendum of the estate of Robert Christopher Skaf, on January 23, 2003.
Skaf’s estate commenced the within action against Phillips as the owner of 415 Taylor Avenue, Scranton, Pennsylvania, where Skaf was found dead on April 28, 2002. Apparently, Skaf had gone to those premises to stay for the night and at some time during the early morning hours of April 28, 2002 he attempted to walk up a flight of stairs in which there were no handrails or railings and apparently fell causing fatal injuries. Skaf’s estate likewise filed suit against Lyons, the owner of Oscar’s Bar, where Skaf had last consumed alcoholic beverages on April 27 and April 28, 2002.
After service of the initial complaint, the original defendant, David Phillips, filed a writ of summons joining
The Phillips’ joinder complaint avers that Potts was a tenant of 415 Taylor Avenue, Scranton, and on April 27, 2002, he collectively sponsored the “Second Annual Beer Pong Tournament” with the other tenants of 415 Taylor Avenue which was held upon said premises. Additionally, Potts had assisted in organizing the event as well as advertising the tournament together with the other additional defendants. It is also noted that contestants and attendees of the party were required to pay $5 to gain entrance to the event. Throughout the evening, the additional defendants provided nine kegs of beer to all party participants, including those under the age of 21.
The joinder complaint avers that Potts, among others, was charged with and had pled guilty to violations of 18 Pa.C.S. §6310.1(a)
Phillips’ joinder complaint includes two causes of action against Potts, one sounding in negligence (Count I) and one sounding in social host liability (Count II). That joinder complaint alleges that the additional defendants are solely liable and/or jointly and severally liable to the plaintiff and/or over to original defendant, David Phillips, for indemnity and/or contribution. On May 14, 2004, additional defendant Potts filed a motion for judgment on the pleadings regarding both the negligence count and the social host liability count. The premise of Potts’ motion is that the inapplicability of the social host doctrine concerning a minor’s incompetence in handling alcohol acts as a bar shielding a minor from any theory of liability regarding the service of alcohol. We will further examine this matter in detail below.
DISCUSSION
Judgment on the Pleadings
As noted above, the parties have presented their arguments to the court therefore rendering this matter ripe for disposition. As this court has done previously in Discover Bank v. Palma, 03 CIV 2748, C.C.P. Lacka. Cty. (Judge Minora December 1, 2004), we will now outline the standard of review for a motion for judgment on the pleadings.
“(a) After the relevant pleadings are closed, but within such time as not to unreasonably delay the trial, any party may move for judgment on the pleadings ...
“(b) The court shall enter such judgment or order as shall be proper on the pleadings.”
We must remember that judgment on the pleadings is only proper where the pleadings establish that there are no material facts in dispute and the movant is clearly entitled to judgment as a matter of law. Teamann v. Zafris, 811 A.2d 52 (Pa. Commw. 2002), appeal denied, 574 Pa. 755, 830 A.2d 976 (2003), appeal denied, 574 Pa. 761, 831 A.2d 600 (2003). Like all summary judgments entered without trial, judgment on the pleadings may be entered only in clear cases free from doubt where there are no issues of material fact, and only where it is so clear that trial would clearly be a fruitless exercise. Otterson v. Jones, 456 Pa. Super. 388, 690 A.2d 1166 (1997), re-argument denied, appeal granted, 550 Pa. 707, 705 A.2d 1310 (1997), appeal dismissed as improvidently granted, 553 Pa. 421, 719 A.2d 309 (1998). It is the uncertainty of factual questions that makes it inappropriate to grant judgment on the pleadings. Greer v. U.S. Steel Corp., 475 Pa. 448, 380 A.2d 1221 (1977). The court in its determination of whether there is a dispute upon the facts “must confine its consideration to the pleadings and relevant documents.” AIU Insurance Co. v. Barxha, 2004 WL 2439234, 1 (Pa.Com.Pl.) citing Cole v. Lawrence, 701 A.2d 987, 988 (Pa. Super. 1997). Additionally, “neither party may be deemed to have admitted conclusions of law.” AIU Insurance Co., supra at 1; see also, Mellon
Presently, the additional defendant, Potts, has moved that this court enter judgment on. the pleadings in his favor. While the plaintiff, estate of Skaf, and original defendant/third-party plaintiff, David Phillips, request that this court deny the defendant’s motion because the pleadings are not yet closed.
The arguments presented by the opposing parties are compounded as follows. The plaintiff asserts that the pleadings are not yet closed because at the time the motion for judgment on the pleadings was filed, preliminary objections filed by other additional defendants were pending before the court. The plaintiff contends that the original defendant, Phillips, will be amending his join-der complaint to conform to the order this court entered on the preliminary objections. Moreover, the plaintiff maintains that it is yet to file its complaint against the additional defendants under a separate docket number indicating that judgment on the pleadings would be premature. Both the original defendant and plaintiff contend that because the plaintiff has filed a separate action under a separate docket number the pleadings remain open. Additionally, it is asserted by the original defendant, Phillips, that to grant the additional defendant’s motion for judgment on the pleadings is premature at this juncture because the parties have not yet taken depositions of the parties. This line of argument is amiss. Pursuant to the Pennsylvania Rule of Civil Procedure 1034, a party may move for judgment on the pleadings after the relevant pleadings are closed, but within such time as not to unreasonably delay the trial. A court is not
The first issue that must be clarified is whether a minor may be held liable for injuries sustained as a proximate result of furnishing alcohol to another minor under the social host doctrine. We are guided by the following case law in making the determination that minors cannot be found liable under the social host doctrine.
Let us start by first defining the social host doctrine. Generally, this principle is used to assign liability in negligence to the “host” as one who furnishes alcohol to a “guest” whereby the guest becomes intoxicated and sustains injuries to himself or causes injuries to a third party.
The prevailing view on the matter of social host liability is found in the Pennsylvania Supreme Court case Kapres v. Heller, 536 Pa. 551, 640 A.2d 888 (1994). There the Supreme Court was confronted with the identical issue involving social host liability. In Kapres, the plaintiff was a college student at Clarion University and attended three separate alcohol-related parties all hosted by minors on the night in question. The plaintiff, who was only 19 years old, ingested alcohol at all three parties, and while walking home that night, he was struck by a vehicle and sustained numerous injuries. At the time of the accident the plaintiff had a blood alcohol content of .196, which was significantly higher than the legal
In Kapres, the court ultimately found that a plaintiff and defendant, who were both minors, were incompetent as a matter of law in handling alcohol. Kapres, supra at 557, 640 A.2d at 891. A minor is responsible under the law for his/her own actions in either furnishing or consuming alcohol. Id. at 557, 640 A.2d at 891. This notion was coupled with the standard set by the Supreme Court of Pennsylvania in Klein v. Raysinger, 504 Pa. 141, 470 A.2d 507 (1983) where it addressed the idea of social host liability. In Klein the court found that where an able bodied individual consumes alcohol, “it is the consumption of alcohol rather than the furnishing of the al
There is an exception to the rule established in Klein which involves furnishing alcohol to a minor by an adult. This exception was established by the court in Congini v. Portersville Valve Company, 504 Pa. 157, 470 A.2d 515 (1983). The Supreme Court held that the rule in Klein is inapplicable in those situations where an adult provides a minor with alcohol. Congini, supra. The concept that a minor is incompetent to handle alcohol has necessitated the exception to the rule of Klein. Id. The premise for the exception is grounded in insuring the safety of minors. Yet, the minor himself is not totally blameless in this factual setting because the Congini court further held that the minor’s contribution to his/her injuries, or contributory negligence, will also be taken into account. Id. at 164, 470 A.2d at 518. This holding brings us back to the assertions made in Kapres case where the court expands upon the theory in Klein whereby under the law minors are considered incompetent to handle alcohol. It is logic and consistency that led the Supreme Court to hold that one minor owes no duty to another minor under the guise of social host liability regarding the furnishing and consumption of alcohol. We too agree that a minor is not liable to another minor for injuries that might have been sustained as a result of the host minor’s distri
Negligence
Count I of the joinder complaint of original defendant Phillips alleges a claim in negligence upon the additional defendants, including Ryan Potts, the movant asserting the following actions and inactions as the basis of the negligence claim:
(a) Selling alcoholic beverages to individuals, including decedent Robert Skaf, under the age of 21;
(b) Providing alcoholic beverages to individuals, including decedent Robert Skaf, under the age of 21;
(c) Furnishing alcoholic beverages to individuals, including decedent Robert Skaf, under the age of 21;
(d) Permitting Mr. Skaf to consume alcoholic beverages when they knew or should have known that he was under the age of 21;
(e) Allowing Mr. Skaf to consume alcoholic beverages when they knew or should have known that he was under the age of 21;
(f) Inviting Mr. Skaf to consume alcoholic beverages when they knew or should have known that he was under the age of 21;
(g) Allowing Mr. Skaf to become intoxicated;
(h) Organizing a beer pong tournament and targeting individuals and/or students, including decedent Robert Skaf, under the age of 21;
(j) Negligence as a matter of law for violating the “Liquor Code,” 47 Pa.C.S. §4-493(1); and
(k) Negligence as a matter of law for violating the “Liquor Code,” 47 Pa.C.S. §4-492(2).
As cited above, a minor is responsible under the law for his/her own actions in either furnishing or consuming alcohol. The additional defendant requests a favorable judgment on the pleadings in regard to the negligence claim. Yet, according to the standard of review set forth above, judgment on the pleadings is only proper where the pleadings establish that there are no material facts in dispute and the movant is clearly entitled to judgment as a matter of law. Teamann, supra. The acts and events that gave rise to the fatal injuries of Robert Skaf took place at several locations and included a number of individuals including the additional defendants and original defendants, David Phillips and Robert R. Lyons individually and in his business capacity. Simply stated, there presently are material facts that are in dispute in regard to the negligence action asserted against Potts. There are also factual disputes as to whether the potentially negligent acts of Ryan Potts would cause him to be liable to the plaintiff or over to the original defendant Phillips for contribution or indemnification. Therefore, because this is not a clear case that is free from doubt whereupon there are no issues of material fact, we cannot grant the additional defendant’s motion for judgment on the pleadings upon the issue of negligence. A comprehensive order consistent with this memorandum follows.
And now, to wit, January 18, 2005, upon consideration of additional defendant Potts’ motion for judgment on the pleadings, verbal and written arguments of counsel and in accordance with the preceding memorandum it is hereby ordered and decreed that the additional defendant Potts’ motion for judgment on the pleadings be granted in part and denied in part.
(1) Additional defendant, Potts’ motion for judgment on the pleadings is granted because as a minor he is incompetent to handle alcohol and therefore he cannot be held liable under the social host doctrine for furnishing alcohol to a minor who was subsequently injured as a proximate result of his intoxication.
(2) The additional defendant Potts’ motion for judgment on the pleadings concerning the negligence count is denied.
. Selling or furnishing liquor or malt or brewed beverages to minors.
. Correct cite 47 P.S. §4-492(2); Unlawful acts relative to malt or brewed beverages, i.e., selling said beverages without liquor license.
