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INCOLLINGO v. EWING et al.

444 Pa. 299 (1971)

Incollingo v. Ewing et al., Appellants.

Supreme Court of Pennsylvania.

Reargued May 6, 1971.

October 12, 1971.

Attorney(s) appearing for the Case

Edward W. Maderia, Jr., with him James T. Giles, Marilyn Mauskopf, and Pepper, Hamilton & Scheetz, for appellant.

Francis E. Shields, Dolores B. Spina, and Pepper, Hamilton & Scheetz, for appellant.

Joseph G. Manta, James M. Marsh, and LaBrum and Doak, for appellant.

James E. Beasley, with him Jeffrey M. Stopford, and Beasley, Hewson & Casey, for appellees.

Before BELL, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.

OPINION BY MR. JUSTICE POMEROY, October 12, 1971:

This case is now before us on reargument limited to the issue of the proper measure of damages. Appellants in their original briefs and argument had challenged the disparity in the measure of damages for personal injury resulting in death, depending solely upon whether suit is commenced before or after the death. The issue was adverted to in Part 4 of our opinion, but not decided...

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