Hinebaugh v. Pennsylvania Snowseekers Snowmobile Club

MOTTO, J.,

Before the court for disposition is the motion for summary judgment filed by the defendant. The defendant, the Pennsylvania Snowseekers Club, contends that as to Count I of the complaint, that as a matter of law, the defendant is not in violation of the Pennsylvania Dram Shop Act. It contends that it is not a licensed entity in accordance with the Pennsylvania Liquor Code, nor does any evidence exist that the plaintiff was visibly intoxicated; therefore, no issue of material fact exists and it cannot be found negligent per se. Defendant also contends as to Count II of the complaint,…