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ERIE INS. EXCHANGE v. E.L. EX REL. LOWRY

No. 569 WDA 2007.

941 A.2d 1270 (2008)

ERIE INSURANCE EXCHANGE, Appellee v. E.L., a minor, by and through her Parents and Natural Guardians, David LOWRY and Tina Yoder, Appellants.

Superior Court of Pennsylvania.

Filed January 3, 2008.

Reargument Denied March 11, 2008.

Attorney(s) appearing for the Case

Michael J. Parrish, Jr., Johnstown, for appellant.

Phillip R. Earnest, Pittsburgh, for appellee.

BEFORE: TODD, BOWES and COLVILLE, JJ.

OPINION BY COLVILLE, J.:

¶ 1 Appellant appeals from an order which granted the motion of Appellee Erie Insurance Exchange ("Erie") for judgment on the pleadings and denied Appellant's motion for summary judgment. We reverse and remand.

¶ 2 The trial court summarized the background underlying this matter in the following manner:

This case arises from a motor vehicle accident that occurred on July 27, 2004. [Appellant] was a passenger in the...

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