J. A01007/15
NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37
DONEGAL MUTUAL INSURANCE : IN THE SUPERIOR COURT OF
COMPANY AS SUBROGEE OF : PENNSYLVANIA
SCOTT BONNELL, :
:
Appellants :
:
v. : No. 913 WDA 2014
:
ROY OYLER AND KIM OYLER, HIS WIFE :
Appeal from the Order, May 6, 2014,
in the Court of Common Pleas of Washington County
Civil Division at No. 2012-7465
BEFORE: FORD ELLIOTT, P.J.E., DONOHUE AND ALLEN, JJ.
JUDGMENT ORDER BY FORD ELLIOTT, P.J.E.: FILED FEBRUARY 18, 2015
This is an appeal from the trial court’s order of May 6, 2014, granting
the defendants’, Roy Oyler and Kim Oyler, husband and wife, motion for
summary judgment and holding that plaintiff, Donegal Mutual Insurance
Company, as subrogee of Scott Bonnell, did not have a valid cause of action
and is not entitled to recover against the defendants.
The disposition of this matter is controlled by this court’s decision in
Liberty Mutual Insurance Co. v. Domtar Paper Co., 77 A.3d 1282
(Pa.Super. 2013), appeal granted in part, 92 A.3d 809 (Pa. 2014). Unless
and until this precedent is overruled by our Supreme Court, we are obliged
to follow it. Accordingly, the trial court’s order is affirmed.
Order affirmed.
J. A01007/15
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 2/18/2015
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