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ROSEMARIE A. FRENCH AND MELVIN H. FRENCH v. UNITED PARCEL SERVICE (09/09/88)

filed: September 9, 1988.

ROSEMARIE A. FRENCH AND MELVIN H. FRENCH,
v.
UNITED PARCEL SERVICE, AND A & D GLASS SERVICE, PITTSBURGH PLATE GLASS COMPANY AND RIXSON. APPEAL OF UNITED PARCEL SERVICE



Appeal From Order Entered December 17, 1987, Court of Common Pleas, Civil Division, Lehigh County, No. 1983-C-1206

COUNSEL

Mark Malkames, Allentown, for appellant.

George A. Heitczman, Bethlehem, for French, appellees.

David G. Welty, Allentown, for A & D Glass, appellee.

Frank G. Procyk, Bethlehem, for Pittsburgh Plate Glass Co., appellee.

Marla J. Melman, Allentown, for Rixson, appellee.

Cavanaugh, Wieand and Del Sole, JJ.

Author: Cavanaugh

[ 377 Pa. Super. Page 368]

This is an appeal by United Parcel Service from summary judgment orders. In this case, the plaintiffs below, Rosemarie A. French and Melvin H. French, commenced an action in trespass against United Parcel Service (UPS) for injuries suffered when Mrs. French fell while entering the UPS premises in Allentown, Pennsylvania. The complaint alleged inter alia that the "entrance to defendant's premises was available to customers through a door embodying an automatic closure device." The plaintiffs also claimed that the "automatic closure device [was] in such a state of tension, as to cause the door to close rapidly and unexpectedly behind a person attempting to walk through the doorway." Mrs. French claimed to have been hit in the back by the door and she fell forward, suffering injuries.

The original defendant, UPS, filed a joinder complaint against A & D Glass Service, PPG Industries, Inc. (which was incorrectly referred to as Pittsburgh Plate Glass Company) and Rixson. The original defendant, and all of the additional defendants filed motions for summary judgments.*fn1 Depositions were taken. On December 17, 1987 the court below through Backenstoe, P.J., entered an order denying the motion of United Parcel Service for summary judgment, and granting the motions of additional defendants,

[ 377 Pa. Super. Page 369]

A & D Glass Service, PPG Industries, Inc., and Rixson for summary judgment. UPS has filed an appeal to this court.*fn2

We must quash the appeal to the extent that it is from that part of the order denying the motion of UPS for summary judgment. Although the appellees, who were the plaintiffs below, did not file a formal motion to quash, we may quash on appeal sua sponte, where an appeal is taken from an interlocutory order. Napet, Inc. v. John Benkart & Sons Co., 288 Pa. Super. 187, 431 A.2d 351 (1981); Campanna v. Travelers Insurance Company, 355 Pa. Super. 219, 513 A.2d 397 (1986). See also 42 Pa.C.S. ยง 742. An appeal to this court must be quashed if it is from an interlocutory order unless a right to appeal is expressly granted by statute or ...


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