Dram Shop Act • Serving Alcohol to a Minor • Common Law Negligence

Zamora v. Pocono Manor Investors, PICS Case No. 16-1147 (C.P. Monroe July 20, 2016) Williamson, J. (6 pages).

When a minor patron of a restaurant was served alcohol, she became intoxicated and hurt herself on a glass door. She filed a complaint against the restaurant owners alleging violations of the Dram Shop Act and common-law negligence. The restaurant objected on grounds that she did not allege conduct that rose to the threshold of conduct warranting punitive damages and that the Dram Shop Act precluded common-law negligence. The court agreed with the restaurant on the first claim but found that the negligence claim was linked with the claim of serving alcohol to an underage recipient, granting their preliminary objections in part and denying in part.