LaBriola v. Southeastern Pennsylvania Transportation Authority

Opinion by

Hoffman, J.,

This is an appeal from an order granting appellee’s (hereinafter, SEPTA) motion for a summary judgment. The trial court granted the motion on the basis of the pleadings.1

The facts as disclosed by the record are as follows: On November 7, 1970, wife-appellant (Mrs. LaBriola) sustained injuries as she was alighting from a subway-surface trolley car. Appellants filed their complaint almost two years later, alleging that the injuries were sustained as a result of the trolley conductor’s failure to allow Mrs. LaBriola adequate time to safely alight from the car.

In its answer,…