Firac Muex V. Hindel

MUEX v. HINDEL BOWLING LANES, INC.

SHIELDS, Judge.

Larry and Clara Muex appeal the trial court's grant of summary judgment in favor of Hindel Bowling Lanes, Inc.

We affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.

ISSUES

1. Whether the trial court erred in determining a disputed issue of material fact does not exist as to whether the Hindel bartender had actual knowledge any patron was intoxicated when she furnished the patron with alcoholic beverages.

[596 N.E.2d 265]

2. Whether the trial court erred in determining a disputed issue of material fact does not exist whether Larry's injury was proximately caused by Hindel's negligence.

FACTS

On Thanksgiving evening, November 24, 1988, Larry and Clara Muex went to Hindel Bowling Lanes at 6833 Massachusetts Avenue in Indianapolis with a large group of family and friends. A Hindel employee assigned lanes three, four, and five to them. Four couples in their mid-twenties to early thirties occupied the two neighboring lanes. Larry noticed three pitchers of beer sitting on the couples' tables, and their loud and obnoxious behavior led him to believe they were intoxicated. Although the level of beer in the pitchers changed throughout the evening, he did not witness any Hindel employee deliver beer to them, nor did he see any member of the young group purchase the beer. The Muexes did not report or complain of the couples' behavior to Hindel.

At some point after the Muex group had bowled their third game, a member of the second group threw a cigarette in the vicinity of lane four. As another member approached the Muex group to apologize, the individual who had thrown his cigarette told his companion not to apologize and threw his beer, splattering those persons standing nearby. A fight ensued during which Larry fell backwards and fractured his hand on the side of a bowling ball rack. Larry could not identify the person who started the fracas, who participated in it, or...