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[U] Gapsky v. RTM Acquisition Co., LLC

Superior Court of Pennsylvania

March 7, 2014

MICHELLE GAPSKY Appellant
v.
RTM ACQUISITION COMPANY, LLC, T/D/B/A ARBY'S RESTAURANT Appellee

NON-PRECEDENTIAL DECISION

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. [*]

DISSENTING MEMORANDUM

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.


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