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KNIAZ ET VIR v. BENTON BORO. ET AL.

No. 3091 C.D. 1986.

112 Pa.Commw. 416 (1988)

535 A.2d 308

Helen Kniaz and Steven Kniaz, her husband v. Benton Borough and The Benton Volunteer Fire Company, Inc. Helen Kniaz, Appellant.

Commonwealth Court of Pennsylvania.

January 8, 1988.

Attorney(s) appearing for the Case

Robert A. Schwartz, with him, John A. Mihalik, for appellant.

Elwood R. Harding, Jr., with him, Gailey C. Keller and David C. Dickson, Jr., for appellee, Benton Volunteer Fire Company, Inc.

Argued November 19, 1987, before Judges CRAIG and PALLADINO, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY JUDGE CRAIG, January 8, 1988:

The plaintiff in this civil action for personal injury has appealed from an order by President Judge MYERS of the Court of Common Pleas of Columbia County granting summary judgment in favor of defendant Benton Borough, a municipality.

The complaint and defendants' affidavits, filed pursuant to the motion for summary judgment, establish a factual scenario which is essentially undisputed: While plaintiff Helen Kniaz,...

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