Posega v. Gazda

WOLFE, P.J.,

The pleadings are closed and defendant has moved for judgment on the pleadings under Rule of Civil Procedure 1034 which permits entry of judgment if there is no genuine issue of fact to be resolved after accepting as true all the well pleaded facts of the complaint *153plaint and granting plaintiff all reasonable inferences that flow from the facts. It is now concretely settled the motion will be granted only where there are no factual issues and the law is so clear a trial would be a fruitless exercise. Kroiz v. U.S. Fire Insurance Co., 235 Pa. Super. 507, 344 A.2d 516 (1975);…