March 7, 2014
MICHELLE GAPSKY Appellant
RTM ACQUISITION COMPANY, LLC, T/D/B/A ARBY'S RESTAURANT Appellee
Appeal from the Order January 4, 2013 In the Court of Common Pleas of Allegheny County Civil Division at No(s): GD-11-005369
BEFORE: PANELLA, J., ALLEN, J., and STRASSBURGER, J. [*]
I respectfully dissent.
In my view, the deposition testimony of Appellant, together with the report of her treating physician, provides sufficient circumstantial evidence of both product defect and causation to survive summary judgment.