Macleary v. Hines

OPINION OF THE COURT

MANSMANN, Circuit Judge.

This is an appeal from the entry of a directed verdict for the defendant in a diversity action brought pursuant to 28 U.S.C. § 1332 and seeking recovery for personal injuries. We have jurisdiction under 28 U.S.C. § 1291. In accordance with our recent decision in Fassett v. Delta Kappa Epsilon (New York), 807 F.2d 1150 (3d Cir.1986), we hold that under Pennsylvania law a defendant who knowingly and intentionally allows premises over which she has control to be used for the purpose of consumption of alcohol by minors has created an unreasonable risk…