Hunger v. Grand Central Sanitation

I concur in the majority’s conclusion that summary judgment was properly entered in favor of defendants-appellees in this case. However, I am unable to join in the majority’s discussion of the legal principles applicable in assessing plaintiff-appellant’s claims.

Initially, I note that although this matter was adjudicated by the trial court based on appellees’ motion for summary judgment, that motion was not supported by any depositions, affidavits or other materials as provided for in Pa.R.C.P. 1035 (providing that a party may move for “summary judgment on *586the pleadings and any depositions,…