FRANKEL v. LULL ENGINEERING COMPANY, INC.

Nos. 71-2165, 71-2172.

470 F.2d 995 (1973)

Alvin H. FRANKEL, Administrator of the Estate of Anthony Recchia, Deceased v. LULL ENGINEERING COMPANY, INC., Appellant in No. 71-2165. The RANSOME CORPORATION, Appellant in No. 71-2172, v. Guido Carl RECCHIA, Individually and Trading as G. C. Recchia Brickwork.

United States Court of Appeals, Third Circuit.

Decided January 11, 1973.


Attorney(s) appearing for the Case

J. Grant McCabe, III, Rawle & Henderson, and F. Hastings Griffin, Jr., Dechert, Price & Rhoads, Philadelphia, Pa., for appellants.

David F. Binder, Raynes, McCarty & Binder, Philadelphia, Pa., for appellee.

Before KALODNER, ADAMS and MAX ROSENN, Circuit Judges.


OPINION OF THE COURT

PER CURIAM:

This is a wrongful death action on behalf of the widow and minor children of Anthony Recchia, combined with a survival action on behalf of his estate, under Pennsylvania law.

Recchia was killed while operating a high-lift loader on an outdoor apartment building construction site on July 24, 1965, when the loader overturned while he allegedly was backing away from the partially-constructed building. The loader was...

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