Opinion

Vetter v. Fun Footwear Co.

447 Pa. Super. 84
668 A.2d 529
1995 Pa. Super. LEXIS 3675

Court: Superior Court of Pennsylvania
Filed: Nov 30, 1995
Status: Published
Author: Tamilia
On the bench: Rowley, Cavanaugh, Beck, Tamilia, Kelly, Johnson, Hudock, Elliott, Saylor
Cited by: 21 cases

The opinion

TAMILIA, Judge,

dissenting.

I dissent and would affirm the Honorable Joseph M. Augello’s Order of March 29, 1994 granting Fun Footwear Company’s Motion for Judgment on the Pleadings.

This Court’s decision in Zook v. Fun Footwear, et al., 364 Pa.Super. 657 , 525 A.2d 824 (1985), alloc. denied, 518 Pa. 626 , 541 A.2d 1138 (1987), is the law of this case and should be followed by this Court en banc.

Because our Supreme Court denied allocatur in Zook , I do not believe we have the option of overruling our decision therein as is suggested in Judge Cavanaugh’s Concurring Opinion.

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