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AMABILE v. AUTO KLEEN CAR WASH

249 Pa.Super. 240 (1977)

376 A.2d 247

Michael AMABILE and Rose Amabile, Appellants, v. AUTO KLEEN CAR WASH, Edwin B. McCoy, Edward M. Kaplan and Ann Kaplan, Erwin Adler and Belle Adler, J. D. Cathcart, Defendants, and General Motors Corp. and Shirley Jane Messick, Additional Defendants.

Superior Court of Pennsylvania.

Decided June 29, 1977.

Attorney(s) appearing for the Case

Wilbur Greenberg, Philadelphia, for appellants at No. 1448.

Mark D. Seltzer, Philadelphia, for appellants at No. 682.

Leonard S. Lipson, Philadelphia, for appellees at No. 1448.

Joel Feldscher, Philadelphia, for appellees at No. 682.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

CERCONE, Judge:

Appellants, Michael and Rose Amabile, appeal from orders granting summary judgment in favor of defendant-appellees. Appellants contend that the court below erred in granting the motions for summary judgment under Rule 1035 of the Pennsylvania Rules of Civil Procedure1 because material issues of fact clearly existed on the record.

On March 10, 1971, plaintiff-appellant, Michael Amabile had his car washed at the Auto...

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