Mackay v. Sauerland

POPOVICH, Judge.

The plaintiff/appellant, Marjorie Mackay, appeals the order of the Court of Common Pleas of Warren County granting the Motion for Summary Judgment of the defendant/ap-pellee, Catherine Sauerland. We reverse.

Under Pa.R.Civ.P. 1035(b), a motion for summary judgment shall be rendered if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.1

At bar, the plaintiff filed a complaint after falling…