# Vetter v. Fun Footwear Co.

> Superior Court of Pennsylvania · November 30, 1995 · 447 Pa. Super. 84

URL: https://www.frixlaw.com/law-library/cases/9637915

## Case

- **Full name:** Anthony J. VETTER, Administrator of the Estate of Roxanne Vetter, Deceased, and Anthony J. Vetter and Sally Vetter, His Wife, Individually, Appellants, v. FUN FOOTWEAR COMPANY, Also D/B/A Fun Shu, Ltd., McAdoo Fuels, Inc., T/A Stefanisko’s Catering Service, Commonwealth of Pennsylvania, Black Creek Township, and Sugarloaf Township
- **Court:** Superior Court of Pennsylvania
- **Decided:** November 30, 1995
- **Citations:** 447 Pa. Super. 84; 668 A.2d 529; 1995 Pa. Super. LEXIS 3675
- **Precedential status:** Published
- **Opinion:** Dissent by Tamilia
- **Judges:** Rowley, Cavanaugh, Beck, Tamilia, Kelly, Johnson, Hudock, Elliott, Saylor
- **Cited by:** 21 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9637915

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9637915. Public record. Not legal advice.