Summary
relying on F.D.P. ex rel. S.M.P. v. Ferrara , 804 A.2d 1221, 1227 n.6 (Pa.Super. 2002)
Summary of this case from Sawyers v. DavisOpinion
Argued December 5, 2005.
Decided December 21, 2005.
Appeal No. 30 MAP 2005 from the Order of the Superior Court entered on June 7, 2004 at Nos. 797 MDA 2003 and 876 MDA 2003, reversing in part and quashing in part the Order of the Court of Common Pleas of Dauphin County, Civil Division, entered on April 18, 2003 at No. 2320-CV-2000. 852 A.2d 1206 (Pa.Super. 2004).
ORDER
The decision of the Superior Court is hereby VACATED. The matter is remanded to the Superior Court for reconsideration of whether a duty exists by applying the five-prong test as set forth in Althaus v. Cohen, 562 Pa. 547, 756 A.2d 1166 (2000), and for an opinion in support thereof.
Jurisdiction relinquished.
Justice NIGRO did not participate in the consideration or decision of this matter.