Warner v. Conestoga Bar Restaurant Inc.

FARINA, J.,

Before the court is defendant Conestoga Bar Restaurant Inc.’s motion for summary judgment. Plaintiff Theresa Warner filed a negligence suit against defendant on behalf of the estate of her deceased husband, Daniel F. Warner. Defendant contends that summary judgment in its favor is proper because plaintiff has failed to produce evidence of facts essential to her cause of action or the existence of genuine material facts as to necessary elements of the cause of action.

The undisputed facts of the case are as follows: At approximately 3 a.m. on November 6, 1993, a man, later identified…