Legal Opinion

Mukarker v. City of Philadelphia

District Court, D. Massachusetts

Decided March 2, 2017No. Civil Action No. 16-10355-PBSPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM AND ORDER

Saris, Chief Judge.

INTRODUCTION

Plaintiff Nicola Mukarker fell and injured his shoulder while riding a moving walkway between terminals during a layover at Philadelphia International Airport. Plaintiff filed this diversity action against Otis Elevator Company based on negligent maintenance (Count I)1 and strict product liability (Count II). Defendant now moves for summary judgment on both counts. On Count I, Defendant argues that the negligence claim is barred by Pennsylvania’s two-year statute of limitations for tort claims. On Count II, Defendant argues that it cannot be…

2Cases cited13 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Calero-Cerezo v. U.S. Dep of JusticeCourt of Appeals for the First Circuit · 2004
  3. National Amusements, Inc. v. Town of DedhamCourt of Appeals for the First Circuit · 1995
  4. Sands v. Ridefilm Corp.Court of Appeals for the First Circuit · 2000
  5. Insurance Co. of North America v. CarnahanSupreme Court of Pennsylvania · 1971

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3Cited by1 opinion

  1. Gordon v. Starwood Hotels & Resorts Worldwide, Inc.District Court, D. Massachusetts · 2017

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