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Mortimer v. McCool, et al.

car accident

Court: Supreme Court of Pennsylvania

Docket: 37 MAP 2020

Opinion Date: July 21, 2021

Judge: Wecht

Areas of Law: Business Law, Civil Procedure, Personal Injury

In 2007, Ryan Mortimer was seriously and permanently injured when an intoxicated driver collided with her car. The driver recently had been served by employees of the Famous Mexican Restaurant (“the Restaurant”) in Coatesville, Pennsylvania. The owners of the Restaurant had a contractual management agreement with the owner of the Restaurant’s liquor license (“the License”), Appellee 340 Associates, LLC. The Restaurant was located in a large, mixed-use building owned by Appellee McCool Properties, LLC. At the time of the injury, Appellees Michael Andrew McCool (“Andy”) and Raymond Christian McCool (“Chris”) were the sole owners of 340 Associates. With their father, Raymond McCool (“Raymond”), they also owned McCool Properties. In an underlying “dram shop action,” Mortimer obtained a combined judgment of $6.8 million against 340 Associates and numerous other defendants. Under the Liquor Code, 340 Associates as licensee was jointly and severally liable for Mortimer’s entire judgment. 340 Associates had no significant assets beyond the License itself, and neither carried insurance for such actions nor was required by law to do so. Seeking to collect the balance of the judgment, Mortimer filed suit against 340 Associates, McCool Properties, Chris, Andy, and the Estate of Raymond (who died after the collision but before this lawsuit). Mortimer sought to “pierce the corporate veil” to hold some or all of the individual McCool defendants and McCool Properties liable for her judgment. While the Pennsylvania Supreme Court concluded that a narrow form of “enterprise liability” might be available under certain circumstances, it could not apply under the facts of this case: “We believe that our restrained, equitable posture toward veil-piercing cases has enabled Pennsylvania courts to do substantial justice in most cases and that there is no clear reason to preclude per se the application of enterprise liability in the narrow form described herein.”

This case law update is brought to you by Freeway Law auto accident and personal injury law attorneys. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.

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