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Winwood v. Bregman

In personal injury and wrongful death suit brought pursuant to the "social host" doctrine, summary judgment in favor of defendants affirmed because plaintiffs did not present evidence sufficient to establish a prima facie case of social host liability.

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� 1 These are appeals from orders granting summary judgment in favor of Appellees. Appellants claim to have a viable suit against Appellees, who they allege are liable for injuries to Brian Winwood and the death of Timothy Winwood pursuant to the “social host” doctrine. The trial court found Appellants failed to establish a prima facie case, and thus granted summary judgment to Appellees.

� 2 Appellants raise two issues for our review: (1) whether the trial court improperly granted Appellees’ motion for summary judgment when Appellants presented sufficient evidence to establish a genuine issue of material fact regarding Appellees’ social host liability; and (2) whether the trial court improperly granted Appellees’ motion for summary judgment in violation of the “Nanty-Glo Rule.” We affirm.

� 3 We first note our standard of review. On an appeal from a grant of summary judgment, a reviewing court must examine the record in a light most favorable to the nonmoving party, accepting as true all well-pleaded facts and giving that party benefit of all reasonable inferences which can be drawn from those facts. Hoffman v. Brandywine Hosp., 661 A.2d 397 (Pa. Super. 1995). The Superior Court will reverse a grant of summary judgment only when the trial court has committed an error of law or abused its discretion. Butterfield v. Giuntoli, 670 A.2d 646 (Pa. Super. 1995).

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