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Burkey v. CCX, Inc.

Superior Court of Pennsylvania

December 3, 2014

DOUGLAS BURKEY, Appellant
v.
CCX, INC., ET AL

Argued May 13, 2014

Appeal from the Order of the Court of Common Pleas, York County, Civil Division, No. 2008-SU-4852. Before COOK, J.

Peter M. Patton, Philadelphia, for appellant.

Audrey J. Copeland, King of Prussia, for appellee.

BEFORE: FORD ELLIOTT, P.J.E., OLSON AND STRASSBURGER,[*] JJ.

OPINION

Page 737

FORD ELLIOTT, P.J.E.

Appellant, Douglas Burkey (" Burkey" ), appeals the order granting summary judgment in favor of appellee, CCX, Inc. (" CCX" ), in appellant's personal injury lawsuit. CCX has filed a motion to quash this appeal on the basis that the notice of appeal was untimely filed. Finding that the notice of appeal was untimely filed, we will grant the motion to quash this appeal.

We draw our procedural summary, in part, from the opinion of the trial court drafted at the time summary judgment was entered:

This action stems from an accident that occurred on June 18, 2007. While employed by New York Wire, Plaintiff sustained an injury to his hand from a machine, known as a warper or beamer, that produces screen material typically used in windows (herein " warper).
The warper in question was designed, manufactured and sold by West Point Foundry and Machine Company (herein " Defendant West Point" ) to Hanover Wire Cloth Company and Hanover Wire Cloth Co, (herein " Defendant Hanover" ) in 1987. Additional Defendant CCX, Inc. (herein " Additional Defendant CCX" ) later acquired Defendant Hanover and moved the warper from Covington, Georgia to Walterboro, South Carolina, where it remained in storage. On June 30, 2005, Additional Defendant CCX sold the warper in question, along with a variety of other machines, equipment and property, to New York Wire through an Asset Purchase and Sale Agreement. See Motion for Summary Judgment, Ex. A. The Sale Agreement between New York Wire and Additional Defendant CCX stated that all property, including the subject warper, was sold on an " as-is, where-is" basis. Id. After the June 30, 2005 Sale Agreement and prior to the June 18, 2007 accident, New York Wire moved the subject warper from South Carolina to Mount Wolf, Pennsylvania.
On January 31, 2008, Plaintiff filed a Complaint in negligence against Defendant West Point and Defendant Hanover. On March 30, 2009, Defendant Hanover sought leave of court to join Additional Defendant CCX, and the motion was granted on May 8, 2009. On June 11, 2009, Defendant Hanover filed a Joinder Complaint Against Additional Defendant CCX alleging theories of

Page 738

strict liability, breach of warranty and negligence. On September 3, 2009, Additional Defendant CCX filed Answer with New Matter. On August 17, 2011, the Court approved a Stipulation which withdrew, with prejudice, the strict liability and breach of warranty claims against Additional Defendant CCX.
On February 17, 2012, Additional Defendant CCX filed Motion for Summary Judgment and a brief in support thereof on February 27, 2012.

Opinion, 5/25/12 at 2-3.

On May 25, 2012, the trial court granted CCX's motion for summary judgment. On July 20, 2012, Burkey's action as to Hanover was dismissed with prejudice by ...


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