Legal Opinion

Smitley v. Holiday Rambler Corp.

Superior Court of Pennsylvania

Decided January 27, 1998PublishedCited by 28 opinions

1Opinion of the Court

OLSZEWSKI, Judge:

These three appeals arise out of a vehicle fire in a modified 1991 Dodge Aeromate van. The appeals present several issues concerning the proper procedure for considering a motion for summary judgment and the proper time for appealing an order granting the same. Resolution of these procedural issues also requires us to consider when a trial court may dismiss a product liability claim based solely on the plaintiffs failure to produce the allegedly defective product. We affirm in part and remand in part.

Mr. Smitley filed a complaint alleging negligence and strict product…

2Cases cited21 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Eric Esher Schmid v. Milwaukee Electric Tool Corporation Eric SchmidCourt of Appeals for the Third Circuit · 1994
  3. Roselli v. General Electric Co.Superior Court of Pennsylvania · 1991
  4. Long v. YinglingSuperior Court of Pennsylvania · 1997
  5. DeWeese v. Anchor Hocking Consumer and Industrial Products GroupSuperior Court of Pennsylvania · 1993

16 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Rush v. Philadelphia Newspapers, Inc.Superior Court of Pennsylvania · 1999
  2. Thomas v. ElashSuperior Court of Pennsylvania · 2001
  3. Payton v. Pennsylvania Sling Co.Superior Court of Pennsylvania · 1998
  4. Chase Manhattan Mortgage Corporation v. HodesSuperior Court of Pennsylvania · 2001
  5. Kelly v. Thackray Crane Rental, Inc.Superior Court of Pennsylvania · 2005

23 more not listed; retrieve them via the Exa API.

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