Legal Opinion

Payne v. City of Philadelphia

Pennsylvania Court of Common Pleas, Philadelphia County

Decided December 18, 1985No. 3433Published

1Opinion of the Court

KATZ,

— This action is before the court on defendant City of Philadelphia’s motion for summary judgment. Because we conclude that the city is immune from liability, the motion is granted and plaintiff’s complaint against the city is dismissed.

Summary judgment is appropriate where the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, demonstrate 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. Pa. R.C.P. 1035; see e.g., Thorsen v. Iron and Glass Bank, 328…

2Cases cited6 opinions

  1. Thorsen v. Iron and Glass BankSupreme Court of Pennsylvania · 1984
  2. Kent v. MillerSuperior Court of Pennsylvania · 1972
  3. In Re Charles MikasinovichSuperior Court of Pennsylvania · 1933
  4. Walters v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 1984
  5. Commonwealth v. American Legion Home Ass'nCommonwealth Court of Pennsylvania · 1984

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