Golden v. Dion & Rosenau

I dissent to the Majority’s reversal of the lower court’s sustaining the preliminary objections in the nature of a demurrer entered against the plaintiff/appellant, Lamar Golden.

A demurrer tests the legal sufficiency of the complaint. Mudd v. Hoffman Homes for Youth, Inc., 374 Pa.Super. 522, 524, 543 A.2d 1092, 1093 (1988). As the Pennsylvania Supreme Court has written:

A demurrer admits every well-pleaded material fact set forth in the pleadings to which it is addressed as well as all inferences reasonably deducible therefrom, but not conclusions of law. In order to sustain the demurrer, it…