An en banc panel of the state Superior Court has ruled valets do not have a duty to withhold car keys from visibly intoxicated patrons.

A divided nine-judge panel of the court ruled in Moranko v. Downs Racing that Mohegan Sun at Pocono Downs could not be held liable under Pennsylvania law after a valet returned car keys to a plaintiff's decedent, who was later involved in a fatal car crash.

In the decision, the en banc panel agreed with a split three-judge panel's decision last year that a common pleas court properly granted summary judgment for the defendant casino because no duty existed for the valet to withhold the keys.