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Deborah Charleston and Larry Charleston (W/H v. Salon Secrets Day Spa

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


April 25, 2011

DEBORAH CHARLESTON AND LARRY CHARLESTON (W/H), PLAINTIFFS,
v.
SALON SECRETS DAY SPA, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Robert F. Kelly Senior Judge

ORDER

AND NOW, this 25th day of April, 2011, upon consideration of Defendants Salon Secrets Day Spa, Inc. ("Salon Secrets") and Pamela A. Troyan's ("Troyan") Motion for Partial Summary Judgment (Doc. No. 74), Defendant, Dr. Thomas J. Burke, D.O.'s ("Dr. Burke") Motion for Summary Judgment (Doc. No. 75), Defendant Barbara A. Lindner's ("Lindner") Motion for Partial Summary Judgment (Doc. No. 77), and the Responses and Replies thereto, it is hereby ORDERED that said Motions are DENIED IN PART and GRANTED IN PART. It is ORDERED that:

1. Burke's Motion for Summary Judgment regarding Plaintiffs' cause of action for negligence is DENIED;

2. Salon Secrets', Lindner's, and Dr. Burke's Motions for Summary Judgment regarding Plaintiffs' causes of action for violations of the Pennsylvania Unfair Trade Practices and Consumer Protection law ("UTPCPL") are GRANTED;

3. Salon Secrets', Troyan's, Lindner's, and Dr. Burke's Motions for Summary Judgment regarding Plaintiffs' causes of action for treble damages under the UTPCPL are GRANTED;

4. Salon Secrets', Troyan's, Lindner's, and Dr. Burke's Motions for Summary Judgment regarding Plaintiffs' causes of action for common law fraud are GRANTED;

5. Dr. Burke's Motion for Summary Judgment regarding Plaintiffs' cause of action for negligent misrepresentation is GRANTED;

6. Dr. Burke's Motion for Summary Judgment regarding Plaintiffs' cause of action for negligence per se is GRANTED;

7. Dr. Burke's Motion for Summary Judgment regarding Plaintiffs' cause of action for negligent infliction of emotional distress is DENIED;

8. Dr. Burke's Motion for Summary Judgment regarding Plaintiffs' cause of action for informed consent is GRANTED;

9. Dr. Burke's Motion for Summary Judgment on the issue of vicarious liability is DENIED;

10. Dr. Burke's and Troyan's Motions for Summary Judgment on the issue of individual liability are DENIED; and

11. Salon Secrets', Troyan's, Lindner's, and Dr. Burke's Motions for Summary Judgment regarding Plaintiffs' claims for punitive damages are DENIED.

BY THE COURT:

Robert F. Kelly

20110425

© 1992-2011 VersusLaw Inc.



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