THORNTON v. PHILADELPHIA HOUSING AUTHORITY

No. 2186 C.D. 2008, 2276 C.D. 2008.

4 A.3d 1143 (2010)

Angela THORNTON, individually and in Her Capacity as Administratrix of the Estate of Geraldine Thornton v. PHILADELPHIA HOUSING AUTHORITY, Albany Remodeling, Firelite Alarms, Inc., Individually and t/a Honeywell International, Inc., Honeywell International, Inc., In their own right, Watts Regulatory Company, Ames Fire and Waterworks d/b/a Ames Company, Inc., and Kelly/Maiello, Inc. Gloria Smith, individually and in Her Capacity as Administratrix of the Estate of Herman Nance v. Philadelphia Housing Authority, Albany Remodeling, Fire-Lite Alarms, Watts Regulatory Company, Ames Fire and Waterworks d/b/a Ames Company, Inc. and Kelly/Maiello, Inc. Marlene David, Individually and in Her Capacity as Administratrix of the Estate of Henrietta Alston, Eva Cason and Jennifer Sherry David v. Albany Remodeling, Kelly/Maiello, Inc., Fire-Lite Alarms, Watts Regulatory: Company and Ames Fire and Waterworks d/b/a Ames Company, Inc. Marlene David, Individually and in Her Capacity as Administratrix of the Estate of Henrietta Alston, Eva Cason and Jennifer Sherry David v. Philadelphia Housing Authority and Plymouth Hall. Appeal of: Philadelphia Housing Authority. Angela Thornton, individually and in Her Capacity as Administratrix of the Estate of Geraldine Thornton v. Philadelphia Housing Authority, Albany Remodeling, Firelite Alarms, Inc., Individually and t/a Honeywell International, Inc., Honeywell International, Inc., in their own right, Watts Regulatory Company, Ames Fire and Waterworks d/b/a Ames Company, Inc., and Kelly/Maiello, Inc. Gloria Smith, individually and in Her Capacity as Administratrix of the Estate of Herman Nance v. Philadelphia Housing Authority, Albany Remodeling, Fire-Lite Alarms, Watts Regulatory Company, Ames Fire and Waterworks d/b/a Ames Company, Inc. and Kelly/Maiello, Inc. Marlene David, Individually and in Her Capacity as Administratrix of the Estate of Henrietta Alston, Eva Cason and Jennifer Sherry David v. Albany Remodeling, Kelly/Maiello, Inc., Fire-Lite Alarms, Watts Regulatory Company and Ames Fire and Waterworks d/b/a Ames Company, Inc. Marlene David, Individually and in Her Capacity as Administratrix of the Estate of Henrietta Alston, Eva Cason and Jennifer Sherry David v. Philadelphia Housing Authority and Plymouth Hall. Appeal of: Angela Thornton, individually and in Her Capacity as Administratrix of the Estate of Geraldine Thornton; Gloria Smith, individually and in Her Capacity as Administratrix of the Estate of Herman Nance; and Marlene David, Individually and in Her Capacity as Administratrix of the Estate of Henrietta Alston.

Commonwealth Court of Pennsylvania.

Decided September 23, 2010.


Attorney(s) appearing for the Case

Arlene O. Freiman , Philadelphia, for designated appellant, Philadelphia Housing Authority.

John A. Lord , Philadelphia, for appellees.

BEFORE: LEADBETTER, President Judge, and McGINLEY, Judge, and SIMPSON, Judge, and LEAVITT, Judge, and BROBSON, Judge, and McCULLOUGH, Judge, and BUTLER, Judge.


OPINION BY Judge McGINLEY.

In this interlocutory appeal by permission,1 the Philadelphia Housing Authority (PHA)2 and the administratrix and personal representative (Plaintiff) of the estate of decedent Nance appeal the October 24, 2008, Order of the Court of Common Pleas of Philadelphia County (trial court) which denied the parties' cross-motions for summary judgment on the issue whether Plaintiff's claims...

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