no negligence claim can be based upon facts on which law does not impose duty upon defendant in favor of plaintiff
How later courts described this case
- no negligence claim can be based upon facts on which law does not impose duty upon defendant in favor of plaintiff
- “no negligence claim can be based upon a state of facts on which the law does not impose a duty upon the defendant in favor of the plaintiff’
- two judges concurring and one judge concurring in the result
- there can be no negligence absent a duty of care
Written by the judges who cited it.
The opinion
Dissenting Opinion by
Me. Justice Roberts:
I dissent because the entry of summary judgment is not an appropriate disposition of this controversy. A review of the record reveals “genuine issues” as to “material facts” which require adjudication thereby precluding the entry of judgment as a matter of law. See Linwood Harvestore, Inc. v. Cannon, 427 Pa. 434 , 235 A. 2d 377 (1967). I would vacate the entry of judgment and let the case proceed on the merits.
Mr. Justice O’Brien joins in this dissent.