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CHICARELLA v. PASSANT

343 Pa.Super. 330 (1985)

494 A.2d 1109

Michael CHICARELLA, Appellant, v. Frank S. PASSANT, Michael P. Vincent, Ralph R. Passant, Business Information Company, State Automobile Mutual Insurance Company, Beverly Petrone and South Side Hospital. (Two cases)

Supreme Court of Pennsylvania.

Filed May 17, 1985.

Reargument Denied July 15, 1985.

Attorney(s) appearing for the Case

David L. Schwartz, Pittsburgh, for appellant.

Gerard J.A. Cipriani, Pittsburgh, for Passant, appellees.

David R. Johnson, Pittsburgh, for Petrone, appellees.

Before CIRILLO, HOFFMAN and ROSENWALD, JJ.

HOFFMAN, Judge:

Appellant contends that the lower court erred in granting appellee's preliminary objections and motion for summary judgment. We affirm in part and reverse in part.

In September, 1982, appellant filed a complaint alleging that an insured under a policy issued by defendant, State Automobile Mutual Insurance Company,2 had struck appellant with his automobile. The insured denied that the

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