Sardo v. Smith

OPINION BY

STEVENS, J.:

¶ 1 This is an appeal from the order entered in the Court of Common Pleas of Allegheny County granting Appellee’s preliminary objections and striking the complaint filed against Appellee on the basis of Witherspoon v. City of Philadelphia, 564 Pa. 388, 768 A.2d 1079 (2001) (Zappala, J., plurality). On appeal, Appellants contend (1) the trial court erred in concluding that Witherspoon is binding authority in the case sub judice, (2) to the extent this Court held in Parr v. Roman, 822 A.2d 78 (Pa.Super.2003), that Witherspoon does not require a hearing where there is no…