Legal Opinion

Auman v. Erie Insurance

Pennsylvania Court of Common Pleas, Lebanon County

Decided August 7, 2014No. 2011-00922Published

1Opinion of the Court

TYLWALK, P.J.,

1. Pursuant to Pa.R.C.P. No. 1035.2, a party may move for summary judgment when the evidentiary record reveals that the moving party is entitled to judgment as a matter of law.

2. Summary judgment may be granted only in cases where the right is clear and free from doubt. The moving *99party has the burden of proving the nonexistence of any genuine issue of material fact. The court is required to view the record in the light most favorable to the nonmoving party and all doubts as to the existence of a genuine issue of material fact must be resolved against the moving party.

3. Where…

2Cases cited8 opinions

  1. Thompson Coal Co. v. Pike Coal Co.Supreme Court of Pennsylvania · 1979
  2. Marks v. TasmanSupreme Court of Pennsylvania · 1991
  3. Davis v. Pennzoil Co.Supreme Court of Pennsylvania · 1970
  4. Aetna Casualty & Surety Co. v. EricksenDistrict Court, M.D. Pennsylvania · 1995
  5. DeWeese v. Anchor Hocking Consumer and Industrial Products GroupSuperior Court of Pennsylvania · 1993

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