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SARDO v. SMITH

851 A.2d 168 (2004)

Mary Lou SARDO and Robert Sardo, Her Husband, Appellants, v. Christine SMITH, Appellee.

Superior Court of Pennsylvania.

Filed May 18, 2004.

Attorney(s) appearing for the Case

Bernard C. Caputo, Pittsburgh, for appellants.

Timothy J. Durdette, Pittsburgh, for appellee.

BEFORE: STEVENS, ORIE MELVIN, and CAVANAUGH, JJ.

OPINION BY STEVENS, J.:

¶ 1 This is an appeal from the order entered in the Court of Common Pleas of Allegheny County granting Appellee's preliminary objections and striking the complaint filed against Appellee on the basis of Witherspoon v. City of Philadelphia, 564 Pa. 388, 768 A.2d 1079 (2001) (Zappala, J., plurality). On appeal, Appellants contend (1) the trial court erred in concluding that Witherspoon is binding...

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