Speyer, Inc. v. Goodyear Tire & Rubber Co.

Opinion by

Jacobs, J.,

This case presents the issue of whether a trial court’s finding of fact which is not relied upon by an appellate court in affirming a judgment is conclusive against one of the parties who brings a subsequent suit against a nonparty, in which the fact is in issue.

The Court of Common Pleas of Erie County, Mc-Clelland, J., having by implication determined the question in the affirmative, issued summary judgment in favor of the defendant. We reverse.

On appeal from a summary judgment, the record should be examined in the light most favorable to the appellant, and his…