Coleman v. Lynch

This appeal presents two issues for determination:

1. Is a motion for summary judgment procedurally correct to put at issue the question of proper party-defendant?

2. Is the employer, under the instant profit sharing plan and trust agreement, a proper party-defendant?

Propriety of Motion for Summary Judgment

The plaintiff contends that a motion for summary judgment was not the correct procedure to place the issue of proper party-defendant before the trial court. He further contends that by attempting to raise this issue by a motion for summary judgment instead of by demurrer, the defendant has in…