Maljan v. Metropolitan Edison Co.

ESHELMAN, P.J.,

The preliminary objections of defendant in the nature of a demurrer are before this court for consideration. To sustain a demurrer it is necessary that plaintiffs amended complaint indicate on its face that the *359claim cannot be sustained and that the law will not permit recovery: Gekas v. Shapp, 469 Pa. 1, 364 A. 2d 691 (1976); Carriage Tours, Inc. v. Valley Forge Park Commission, 37 Pa. Commonwealth Ct. 375, 390 A. 2d 902 (1978). If there is any doubt, this should be resolved in favor of overruling the demurrer: Gekas v. Shapp, supra.

Plaintiff’s amended complaint alleges that…