Zielnik v. Loyal Order of Moose

This appeal is from the dismissal of plaintiff’s complaint against the defendant, the Loyal Order of Moose, Lodge No. 265, an unincorporated association. The sole issue on review is whether the defendant, Loyal Order of Moose, had the capacity to be sued when plaintiff’s complaint was filed.

On April 11, 1985, the plaintiff, Frank C. Zielnik, filed a complaint against the defendant. The complaint, based on negligence, alleged that on August 6, 1983, plaintiff stumbled and tripped over a chair on defendant’s dance floor. The defendant responded to the complaint with a motion to dismiss…