ZIMMER v. MITCHELL AND NESS


253 Pa.Super. 474 (1978)

385 A.2d 437

Joseph ZIMMER, Appellant, v. MITCHELL AND NESS, Appellee, and Camelback Ski Corporation, Defendant, and G.P.I., Inc. and Head Ski Co., Div. of A.M.F. and Rieker Ski Equipment Corporation, Additional Defendants.

Superior Court of Pennsylvania.

Decided April 13, 1978.


Attorney(s) appearing for the Case

Charles Sovel, Philadelphia, for appellant.

Jonathan D. Herbst, Philadelphia, for appellee, Mitchell and Ness.

No appearance entered nor briefs submitted for appellees, Camelback, G.P.I., Inc., Head Ski Co., and Rieker Ski Equipment Corp.

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


PRICE, Judge:

This is an appeal from the order of the court below granting appellee, Mitchell and Ness, summary judgment. Because the record discloses no genuine issue of material fact and because appellee was entitled to judgment as a matter of law, we affirm.

On January 6, 1973, appellant went to appellee's rental shop at the Camelback Ski area to rent skis, boots and poles. Appellant signed a rental agreement before accepting the ski equipment. Later, while...

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