Balush v. Borough of Norristown

HOFFMAN, Judge:

Appellant contends that the lower court erred in dismissing his complaint upon appellee’s motion for judgment on the pleadings. We agree and, accordingly, reverse the order of the court below and remand for proceedings consistent with this opinion.

On May 24, 1979, appellant filed a complaint in trespass alleging that he suffered injuries while driving his automobile along a roadway which had been negligently maintained by appellee. Appellee subsequently moved for judgment on the pleadings on the ground that appellant’s complaint failed to state a cause of action because it…