Wilkes Ex Rel. Mason v. Phoenix Home Life Mutual Ins. Co.

I respectfully dissent from the Opinion of the Majority. In particular, I find that based on the facts involved in the present matter, Appellees could prove fraud at trial and, as such, the doctrine of res judicata does not apply.

Two issues frame my discussion. First, this is a summary judgment proceeding. Therefore, we must review the record “in the light most favorable to the non-moving party, and all doubts as to the existence of a genuine issue of material fact must be resolved against the moving party.” Payne v. Dep’t of Corr., 582 Pa. 375, 871 A.2d 795, 800 (2005); Pappas v. Asbel, 564…