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Terry Rex v. Timbar Packaging & Display

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


August 9, 2011

TERRY REX,
PLAINTIFF
v.
TIMBAR PACKAGING & DISPLAY, DEFENDANT / THIRD-PARTY PLAINTIFF
v.
DIANA T. CLARKE, DPM, AND KEYSTONE PODIATRIC MEDICAL ASSOCIATES, P.C., THIRD-PARTY DEFENDANTS

The opinion of the court was delivered by: (Judge Conner)

ORDER

AND NOW, this 9th day of August, 2011, upon consideration of the motion (Doc. 15) for summary judgment, filed by third-party defendants Diana T. Clark, DPM and Keystone Podiatric Medical Associates, P.C. (collectively "third-party defendants"), wherein third-party defendants seek summary judgment against third-party plaintiff TimBar Packaging & Display ("TimBar") on its claim that they are solely liable to plaintiff Rex as a result of professional negligence,*fn1 and it appearing that the third party complaint's (Doc. 9) professional negligence claim is governed by the laws of Pennsylvania,*fn2 and the court finding that, under Pennsylvania law, TimBar has failed to come forward with sufficient evidence to sustain a judgment in its favor on the professional negligence claim,*fn3 see Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250-57 (1986) ("[W]hen a properly supported motion for summary judgment is made, the adverse party 'must set forth specific facts showing that there is a genuine issue for trial.'"), and the court concluding that there are no genuine disputes of material fact with respect to the claim at issue,*fn4 and that, for the reasons discussed above, third-party defendants are entitled to judgment as a matter of law, it is hereby ORDERED that:

1. The motion (Doc. 15) for summary judgment is GRANTED.

2. The Clerk of Court is directed to defer the entry of judgment until the resolution of all claims in the above-captioned case.

CHRISTOPHER C. CONNER United States District Judge


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