USF&G v. ROYER GARDEN CENTER


143 Pa.Commw. 31 (1991)

598 A.2d 583

UNITED STATES FIDELITY & GUARANTY COMPANY v. ROYER GARDEN CENTER & GREENHOUSE, INC.; Susquehanna Township and George Kohler t/d/b/a Kohler Signal Company. Appeal of SUSQUEHANNA TOWNSHIP. Lloyd L. GLAZER and Wienona M. Glazer, his wife v. Judy L. BORTZ; Susquehanna Township; Kohler Signal Company; Commonwealth of Pennsylvania, Department of Transportation. Appeal of SUSQUEHANNA TOWNSHIP. Judy L. BORTZ v. Julia MERCURIO, Administratrix of the Estate of Mariano Mercurio; Susquehanna Township; Kohler Signal Company and Commonwealth of Pennsylvania, Department of Transportation and Winkomatic Signal Company/Multisonics Corporation. Appeal of SUSQUEHANNA TOWNSHIP. Julia MERCURIO, Administratrix of the Estate of Mariano Mercurio v. Judy L. BORTZ; Susquehanna Township; Kohler Signal Company and Commonwealth of Pennsylvania, Department of Transportation and Royer's Garden Center & Greenhouse, Inc., Winkomatic Signal Company/Multisonics Corporation. Appeal of SUSQUEHANNA TOWNSHIP. Lloyd L. GLAZER and Wienona M. Glazer, his wife, Appellants, v. Judy L. BORTZ; Susquehanna Township; Kohler Signal Company; Commonwealth of Pennsylvania, Department of Transportation, Appellees. Julia MERCURIO, Administratrix of the Estate of Mariano Mercurio, Appellant, v. Judy L. BORTZ; Susquehanna Township; Kohler Signal Company and Commonwealth of Pennsylvania, Department of Transportation; Royer's Garden Center and Greenhouse, Inc. and Winkomatic Signal Company/Multisonics Corporation, Appellees. UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellants, v. ROYER GARDEN CENTER AND GREENHOUSE, INC.; Susquehanna Township and George Kohler t/d/b/a Kohler Signal Company, Appellees. Judy L. BORTZ v. Julia MERCURIO, Administratrix of the Estate of Mariano Mercurio, Susquehanna Township, Kohler Signal Company, Commonwealth of Pennsylvania, Department of Transportation and Winkomatic Signal Company/Multisonics Corporation. Appeal of KOHLER SIGNAL COMPANY. UNITED STATES FIDELITY & GUARANTY COMPANY v. ROYER GARDEN CENTER AND GREENHOUSE, Susquehanna Township and George Kohler t/d/b/a Kohler Signal Company. Appeal of KOHLER SIGNAL COMPANY. Julia MERCURIO, Administratrix of the Estate of Mariano Mercurio v. Judy L. BORTZ; Susquehanna Township; Kohler Signal Company, and Commonwealth of Pennsylvania, Department of Transportation, Royer's Garden Center and Greenhouse, Inc., Winkomatic Signal Company/Multisonics Corporation. Appeal of KOHLER SIGNAL COMPANY. Lloyd L. GLAZER and Wienona M. Glazer, his wife v. Judy L. BORTZ, Susquehanna Township, Kohler Signal Company, and Commonwealth of Pennsylvania, Department of Transportation and Royer's Garden Center and Greenhouse, Inc., Winkomatic Signal Company and Multisonics Corporation. Appeal of KOHLER SIGNAL COMPANY. Judy L. BORTZ, Appellant, v. Julia MERCURIO, Administratrix of the Estate of Mariano Mercurio, Susquehanna Township, Kohler Signal Company, and Commonwealth of Pennsylvania, Department of Transportation, Appellees.

Commonwealth Court of Pennsylvania.

Decided October 17, 1991.

Rehearing Denied November 26, 1991.


Attorney(s) appearing for the Case

John A. Statler, for appellant, cross-appellee, Susquehanna Tp.

Richard H. Wix, for appellants, cross-appellees, Mercurio, Glazer and U.S.F. & G.

Charles W. Rubendall, II and Donald M. Lewis, III, for appellant, cross-appellee, Kohler Signal Co.

Stephen L. Banko, Jr., for appellant, cross-appellee, Judy L. Bortz.

Before CRAIG, President Judge, COLINS, J., and NARICK, Senior Judge.


COLINS, Judge.

Susquehanna Township (Township), Kohler Signal Company (Kohler), Judy L. Bortz (Bortz), and collective appellants Julia Mercurio, Administratrix of the Estate of Mariano Mercurio (Mercurio), Lloyd L. and Wienona M. Glazer (Glazer) and United States Fidelity & Guaranty Company (USF & G), appeal from an order of the Court of Common Pleas of Dauphin County (trial court), which denied their post-trial motions for molding a jury's damages verdict...

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