Schroeder v. Com., Dept. of Transp.

Although the majority opinion expresses a logical and persuasive approach, I believe, respectfully, that the majority approach is based on an incorrect, unnecessarily rigid application of Nanty-Glo Borough v. American Surety Co., 309 Pa. 236, 163 A. 523 (1932) and Pa.R.C.P. Rules 1035.1, 1035.2, and 1035.3. By refusing to acknowledge facts established in testimonial affidavits, the majority provides a skewed and misleading background for its legal rationale. Though the statement *254of facts is correct as far as it goes, it is more notable for what it omits.

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