Keating v. Zemel

CAVANAUGH, Judge:

This appeal is from the grant of a motion for summary judgment in favor of appellee, Robert Emmett Walley, III, M.D., and against appellant, John J. Keating. Walley is one of three defendants in a medical malpractice action brought by Keating.

Summary judgment may only be granted “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 a judgment as a matter of law.” Pa.R.C.P. 1035(b). On appeal the record must be…