CERRATO v. HOLY REDEEMER HOSP.


342 Pa.Super. 551 (1985)

493 A.2d 728

Charles CERRATO, Appellant, v. HOLY REDEEMER HOSPITAL.

Supreme Court of Pennsylvania.

Filed May 24, 1985.


Attorney(s) appearing for the Case

Francine D. Wilensky, Philadelphia, for appellant.

Charles W. Craven, Philadelphia, for appellee.

Before SPAETH, President Judge, JOHNSON and SHOYER, JJ.


SPAETH, President Judge:

This is an appeal from an order granting summary judgment. Appellant argues that the trial court erred in finding his action in tort barred by the No-Fault Act, 40 Pa.S. § 1009.301(a).1 We agree and accordingly reverse and remand for trial.

On July 30, 1981, at 8:15 a.m., appellant, a delivery man for a soft drink company, drove his truck into appellee's parking lot to make a delivery. He parked at...

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