Grosso v. American Telephone & Telegraph Co.

MAY, MELANIE G., Associate Judge.

Amidst allegations of third-party beneficiary contractual obligations, respondeat superi- or, and negligence, this appeal raises the basic issue of pleading and proving a viable cause of action in the face of a motion for summary judgment. The trial court granted the defendant’s motion for summary judg*605ment, but denied the plaintiffs motion for leave to amend. From this judgment, the plaintiffs appeal.

We agree that the trial court appropriately granted summary judgment based on the pleadings before it. However, the deposition of Mr. Grosso and the plaintiffs’…