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MATTHEWS v. KONIECZNY

515 Pa. 106 (1987)

527 A.2d 508

James J. MATTHEWS, Jr., and Isabelle R. Matthews, Administrator of the Estate of James Thomas Matthews, Deceased, v. John KONIECZNY and J-B Beverage Distributor, Inc. and Paul and Gloria Berkowitz. Appeal of John KONIECZNY. Christina MANCUSO, a minor by her parent and natural guardian, Louise SMITH, individually and in her own right, Appellants, v. Richard Dennis BRADSHAW, and Gary D. Ford, and Davis Ford, and Friels, Inc., d/b/a Friel's Beverage, Appellees.

Supreme Court of Pennsylvania.

Decided June 2, 1987.

Attorney(s) appearing for the Case

Joseph F. VanHorn, Jr., Bruce W. McCullough, Marshall A. Bernstein, Stewart J. Eisenberg, Philadelphia, for appellants.

Alan M. Herman, Philadelphia, for amicus — PA Trial Lawyers Ass'n.

Jeffrey M. Stopford, Media, for James J. Matthews.

Henry J. Lunardi, Broomall, for Paul & Gloria Berkowitz.

James M. Marsh, Kean K. McDonald, Lois Anne Wood, Philadelphia, for J-B Beverage Co.

Edward J. Carney, Media, for Bradshaw & the Fords.

George J. McConchie, Media, for Friel's, Inc., etc.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION

McDERMOTT, Justice.

Though arising from unique factual circumstances these matters were consolidated because of the common issues they raise. The basic issue is whether a commercial licensee of alcoholic beverages can be liable to a person injured as a result of service of alcohol to a minor. A corollary issue is whether a statutory immunity is effective when the sale of alcohol was to a minor. Both matters...

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