Merhi v. Becker

325 A.2d 270 (1973)

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Nature of the Case

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Facts

P, a member of D, attended an outdoor picnic planned and sponsored by D for the benefit of its union members and their guests. There was an admission price of $ 1.50 per person. The committee designated by D to be in charge of the picnic decided to have three or four policemen on duty at the grounds and a member of the committee was paid by the union to hire the policemen. Only one person was assigned to police the grounds and he was not a regular member of any police force, normally worked in a shop, and was sixty years of age. On the morning of the picnic, the chairman of the committee determined that more police protection was needed. No additional police, however, were obtained. The admission price included all the food and beer you can consume. Some of the union members brought their own liquor. The picnic became noisy and inharmonious. Men and women went swimming in the pool with their clothes on. Becker (D) had more than five beers and everyone was drinking. Becker (D)was involved in two fights during the picnic, one with John Keiper, a member of the committee sponsoring the picnic. This altercation with Keiper was characterized by as a 'brawl.' Becker (D) was not arrested, evicted, or escorted from the grounds. Becker (D) went to his car and drove the car into the area of the picnickers, aimed and steered it in the direction of Keiper, but struck and injured P instead. D was found liable and appealed.