Fandozzi v. Kelly Hotel, Inc.

HUDOCK, Judge:

This is an appeal from the order granting summary judgment in favor of Kelly Hotel, Inc. (Appellee) and against Anna Fandozzi and Alexander Shish (collectively, Appellants), respectively the administratrix and administrator of the estate of Anthony Shish, on the issue of liability under the Dram Shop Act, 47 P.S. section 4-493. For the reasons that follow, we reverse.

Summary judgment is governed by Pennsylvania Rule of Civil Procedure 1035.2, which provides:

After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for…