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MATTHEWS v. MALLOY et al.

217 Pa.Super. 338 (1970)

Matthews, Appellant, v. Malloy et al.

Superior Court of Pennsylvania.

December 10, 1970.

Attorney(s) appearing for the Case

A. Arthur Hanamirian, with him McEldrew, Hanamirian, McWilliams, Quinn & Bradley, for appellant.

Stephen L. Hymowitz, with him Bernard M. Gross and Gross, Sklar & Lorry, for appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.

OPINION BY JACOBS, December 10, 1970:

On January 12, 1963, a collision occurred in Philadelphia between a vehicle driven by appellant, Francis J. Kushner, and one driven by Claire Malloy and owned by Steven Toth. Appellee, Robert J. Matthews, was a passenger in the Kushner car. Matthews and Kushner commenced this negligence action against Malloy and Toth. After defendants joined Kushner as an additional defendant, Kushner in his position as plaintiff discontinued...

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