Noone, P. v. Akshar Lackawanna Station Hosp. ( 2016 )

J-A14032-16 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 PATRICK NOONE, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellant v. AKSHAR LACKAWANNA STATION HOSPITALITY, L.P. AND NEXUS HOSPITALITY MANAGEMENT, LLC., Appellees No. 2084 MDA 2015 Appeal from the Order Entered October 29, 2015 in the Court of Common Pleas of Lackawanna County Civil Division at No.: 2013-458 BEFORE: BOWES, J., OTT, J., and PLATT, J.* MEMORANDUM BY PLATT, J.: FILED AUGUST 19, 2016 Appellant, Patrick Noone, appeals from the grant of summary judgment to Appellees in this premises liability case. 1 We affirm on the basis of the trial court opinion. There is no substantial dispute about the facts of this case. In its opinion in support of the order granting summary judgment, the trial court fully and correctly sets forth the relevant facts and procedural history. (See ____________________________________________ * Retired Senior Judge assigned to the Superior Court. 1 Although dated October 27, the trial court memorandum and order were filed and docketed on October 29, 2015. We have amended the caption accordingly. J-A14032-16 Trial Court Opinion, 10/29/15, at 1-6). Therefore, we have no reason to restate them at length here. For the convenience of the reader, viewing the evidence in the light most favorable to Appellant as the non-moving party, we note briefly that on April 23, 2011 Appellant and his companions began a social evening around 10:30 p.m., in the Traxx Bar and Grille at the Radisson Station Hotel in Scranton, owned and managed by Appellees. However, after several fights broke out, management notified the police, told its patrons to leave, and closed the bar early, around midnight. Appellant and his associates walked to another bar, the Backyard Alehouse, about two blocks away. They left their car at the Radisson parking lot. Signage posted in the lot read “Parking while at the Radisson Hotel. All others will be towed at vehicle owner’s expense” and “Guest Parking, Unauthorized Vehicles Towed Away.” (Id. at 2). The Backyard Alehouse closed at two in the morning. When Appellant and his companions returned to the Radisson parking lot about 2:30 a.m. another fight broke out in the lot. Someone (never identified) attacked Appellant from behind, apparently unprovoked. Appellant suffered a triple fracture of the cheek bone, over one hundred stitches, scarring, jaw clicking, headaches, and related injuries. Appellant brought suit against Appellees, essentially alleging negligent maintenance of security in the parking lot. -2- J-A14032-16 The trial court granted summary judgment in favor of Appellees. It reasoned that by keeping the car in Appellees’ lot hours after they were told to leave, and did leave, Appellant (and his group) ceased being Appellees’ business invitees. Further, lacking continued permission to be on the premises, sometime between midnight and 2:30 a.m. Appellant became a trespasser. The court concluded that because Appellant was a trespasser, Appellees’ only duty was to avoid willful misconduct or wanton negligence. (See Trial Ct. Op., at 8, 10). Appellant challenges the grant of summary judgment and raises two subsidiary questions on appeal: Whether the trial court erred in granting the Appellees’ motion for summary judgment? (1) Whether the trial court erred by concluding that the Appellant was a trespasser versus business invitee? (2) Whether there exists [sic] genuine issues of material fact as to the Appellees’ negligence for a jury to determine? (Appellant’s Brief, at 4) (unnecessary capitalization omitted). After a thorough review of the record, the briefs of the parties, the applicable law, and the well-reasoned opinion of the trial court we conclude that there is no merit to the issues Appellant has raised on appeal. The trial court opinion properly disposes of the questions presented. (See Trial Ct. Op., at 1, 5-10) (concluding: (1) after Appellees closed the bar, directing their patrons to leave, and Appellant and his companions left the premises to -3- J-A14032-16 go to another bar, he ceased to be a business invitee of Appellees; (2) Appellant (and his companions) left the car in the Radisson parking lot purely out of personal convenience rather than to re-patronize Appellees’ bar; (3) by not removing the car after leaving Appellees’ premises, Appellant became a trespasser; (4) Appellant failed to adduce evidence sufficient to support a finding that he remained a business invitee of Appellees; (5) Appellees had no duty to Appellant, as a trespasser, other than to avoid wanton or willful negligence or misconduct. Further, the trial court noted that even though generally “the determination of whether an individual is an invitee, a licensee, or trespasser is a question for the jury,” where the evidence is insufficient to support an issue, it may be appropriate for the court to remove that issue from the jury. (Id. at 6-7) (citations omitted). Order affirmed. Judgment Entered. Joseph D. Seletyn, Esq. Prothonotary Date: 8/19/2016 -4- Circulated 08/01/2016 04:46 PM