Payton v. Pennsylvania Sling Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that party’s choice to argue that evidence was sufficient to establish element of cause of action in accordance with Rule 1035.3(a)(2) waived argument first raised on appeal that record should be supplemented under Rule 1035.3(b
• holding that, by failing to evoke Pa.R.C.P. 1035.3(b
• affirming summary judgment against argument further discovery could have led to evidence sufficient to establish a claim where plaintiff neither adduced nor sought to adduce such evidence in the trial court
• “[T]he failure to respond appropriately permits the entry of judgment in favor of the moving party, but does not require such.”
• “[A] trial court may, at its discretion, enter judgment against a party that fails to respond to a summary judgment motion.”
• failure to raise claim in opposition to summary judgment waives claim

Source: CourtListener parenthetical corpus (CC0).