ECKROTH v. PENNSYLVANIA ELEC., INC.

No. 1934 WDA 2009.

12 A.3d 422 (2010)

Jaimie L. ECKROTH, Administratrix of the Estate of Dolores Leona Hammond, Deceased, Kimberly Ann Branter, Administratrix of the Estate of Jordan Michael English, a Minor, Deceased, Ronald Depto and Debbie Depto, Co-Administrators of the Estate of Lindsey A. Depto, Deceased, and Ronald Depto and Debbie Depto, in their own right, and Chelsey Hammond, a Minor, by her Parent and Natural Guardian, Timothy J. Hammond, and Timothy J. Hammond, in his own right, Appellants v. PENNSYLVANIA ELECTRIC, INC., a Corporation, d/b/a Penelec, Appellee v. David Gunther, John ("Jack") Sexton, Interactive Performance, Inc., and Outsourcing Solutions, Inc., Appellees.

Superior Court of Pennsylvania.

Filed December 17, 2010.


Attorney(s) appearing for the Case

Neil R. Rosen , Pittsburgh, for Brantner.

Timothy J. Schweers , Pittsburgh, for Depto.

John A. Bacharach , Pittsburgh, for Eckroth.

George W. Bills, Jr. , Pittsburgh, for Hammond, Chelsea and Timothy.

Robert J. Garvin , Pittsburgh, for Gunther.

Edward A. Yurcon , Pittsburgh, for Interactive and Outsourcing.

Charles E. Wasilefski , Harrisburg, for Penelec.

Christopher J. Regan , Wheeling, WV, for Sexton.

BEFORE: STEVENS, OLSON, and OTT, JJ.


OPINION BY STEVENS, J.:

This is one of four appeals taken from the October 28, 2009 order entered by the Court of Common Pleas of Cambria County, which, sitting en banc, granted summary judgment in favor of Defendant/Appellee Pennsylvania Electric, Inc. ("Penelec") and dismissed Plaintiff/Appellants' wrongful death/negligence action. By a 2-1 decision, the court determined that the fatal house fire from which this sad and tragic case arises was not proximately...

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