Diaz v. Houck

NARICK, Senior Judge.

In the case before us we are asked to review the trial court’s grant of summary judgment in the nature of a demurrer in favor of Thomas Houck, William Mentesana, Donald Erdman, Kenneth Zeller and the City of Allentown (collectively, Appellees).

Summary judgment can be sustained only if the pleadings, depositions, interrogatories, and other discovery materials show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. For the purpose of testing the legal sufficiency of the complaint, a motion for summary…