# Shaffer v. Pullman Trailmobile, Division of M.W. Kellogg Co.

> Supreme Court of Pennsylvania · October 1, 1987 · 368 Pa. Super. 199

URL: https://www.frixlaw.com/law-library/cases/9702237

## Case

- **Full name:** Millard J. SHAFFER v. PULLMAN TRAILMOBILE, DIVISION OF M.W. KELLOGG CO., a Corporation, Appellant
- **Court:** Supreme Court of Pennsylvania
- **Decided:** October 1, 1987
- **Citations:** 368 Pa. Super. 199; 533 A.2d 1023; 1987 Pa. Super. LEXIS 9392
- **Precedential status:** Published
- **Opinion:** Concurrence by Montemuro
- **Judges:** Cirillo, Montemuro, Tamilia
- **Cited by:** 12 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/9702237

## Opinion text

MONTEMURO, Judge,
concurring:
The majority addresses at length the merits of the collateral estoppel even though Pullman Trailmobile waived the defense by failing to raise it in new matter. I am convinced that we should defer decision on Pullman’s third issue until such time as the matter is properly before us. Because the discussion of the collateral estoppel defense is dicta, I do not join that portion of the majority’s opinion. I nevertheless join in the remainder of the majority’s well-reasoned analysis.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9702237. Public record. Not legal advice.