Diaz v. Schultz

OPINION BY

MUSMANNO, J.:

¶ 1 Hector Diaz (“Diaz”) appeals from an Order granting summary judgment in favor of Edward Schultz, Jr. ■ (“Schultz”) in this personal injury action. We vacate the Order and remand for further proceedings.

¶ 2 The pertinent facts of this case are as follows:

On September 13, 1999, Plaintiff [Diaz] was unloading his employer’s truck that was parked in the parking lot adjacent to the Gran Sasso Restaurant in Kennett Square, Pennsylvania. Defendant [Schultz’s] son, Scott Schultz [“Scott”], drove [Schultz’s] vehicle on the day in question, a 1982 Mercedes 300D, and parked…