Jefferis v. Commonwealth , 371 Pa. Super. 12 ( 1988 )

CIRILLO, President Judge,

concurring:

This court is obliged to follow the ruling of our supreme court in Congini v. Portsville Valve Company, 504 Pa. 157, 470 A.2d 515 (1983), and it is for this reason that I join in Judge Hoffman’s opinion. I write separately to express my disagreement with our supreme court’s creation of a common law cause of action for vicarious social host liability, and join in the observation of our high court in Manning v. Andy, 454 Pa. 237, 239, 310 A.2d 75, 76 (1973): “[A] decision of this monumental nature is best left to the legislature.” In my opinion, the judiciary is least equipped to resolve the competing considerations implicated by such a cause of action.