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ERNEST JACKSON AND HELEN JACKSON v. SUN OIL COMPANY PENNSYLVANIA (02/24/87)

filed: February 24, 1987.

ERNEST JACKSON AND HELEN JACKSON, HIS WIFE, APPELLANTS,
v.
SUN OIL COMPANY OF PENNSYLVANIA, APPELLEE



Appeal from the Order Entered March 31, 1986 in the Court of Common Pleas of Delaware County, Civil No. 85-4585

COUNSEL

Michael F. Wenke, Media, for appellants.

Stephen J. Sundheim, Philadelphia, for appellee.

Cavanaugh, Olszewski and Tamilia, JJ.

Author: Olszewski

[ 361 Pa. Super. Page 56]

This is an appeal from the grant of summary judgment in favor of appellee, Sun Oil Company of Pennsylvania ("Sun"), and against appellants, Ernest and Helen Jackson. The Jacksons brought this suit based upon the tort of intentional infliction of emotional distress. Finding no basis for such a claim, we affirm the order of the trial court.

Initially, we note the standard of review to be applied.

When reviewing the grant of summary judgment, the court must accept as true all well-pleaded facts in the non-moving party's pleadings and give the non-moving party the benefit of all reasonable inferences to be drawn therefrom. In order to uphold a grant of summary judgment, the record must demonstrate both an absence of genuine issues of material fact and an entitlement to judgment as a matter of law.

Chicarella v. Passant, 343 Pa. Super. 330, 340, 494 A.2d 1109, 1114 (1985). Accepting as true all appellants' well-pleaded

[ 361 Pa. Super. Page 57]

    facts, the following is a summary of the events giving rise to this action.

Mr. Jackson had been employed by Sun as a burner service mechanic for some time. In that position, Jackson would travel to the homes and businesses of Sun's customers and inspect or repair their heating equipment.

On September 19, 1979, Jackson was assigned to inspect and repair a furnace at the home of Mr. and Mrs. Miersky. Shortly after completing this work assignment, Jackson was summoned to the office of Sun's service manager, Al Kuntz, who told him that the Mierskys' daughter had accused Jackson of making sexually suggestive comments and advances. Kuntz also told Jackson that pending an investigation by Sun, Jackson would not be permitted ...


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