804 A.2d 89 (2002)

The CITY OF WILKES-BARRE, Appellant, v. KAMINSKI BROTHERS, INC. and Michael J. Pasonick, Jr., Inc.

Commonwealth Court of Pennsylvania.

Decided June 28, 2002.

Reargument Denied August 21, 2002.

Attorney(s) appearing for the Case

Ralph J. Johnston, Kingston, for appellant.

Patrick R. Casey, Scranton, for appellees.

Before SMITH-RIBNER, Judge, LEAVITT, Judge, and FLAHERTY, Senior Judge.


The City of Wilkes-Barre (Wilkes-Barre) appeals from an order of the Court of Common Pleas of Luzerne County (Trial Court) granting summary judgment to the defendant, Michael J. Pasonick, Jr., Inc. (Pasonick) in an action for indemnification filed by Wilkes-Barre. We affirm.

This case has its origins in an accident that occurred on October 30, 1981, when Charles Gutierrez (Gutierrez) stumbled...

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