DAVIS et ux. v. O'BRIEN, et al.


230 Pa.Super. 449 (1974)

Davis et ux. v. O'Brien, Appellant, et al.

Superior Court of Pennsylvania.

September 23, 1974.


Attorney(s) appearing for the Case

Charles A. Harad, with him Howard M. Girsh, and Steinberg and Girsh, for appellant.

William V. Coleman, with him James L. Rosenbaum, and Liebert, Short, Fitzpatrick & Lavin, for appellees.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.


OPINION BY HOFFMAN, J., September 23, 1974:

The question before us is whether suit is barred between parties who were defendants in a prior action wherein the negligence of the respective parties had been litigated.

On January 19, 1969, the appellant's vehicle rearended the appellee's automobile as both were proceeding in a westerly direction on the Schuylkill Expressway. Mercedes Boerner, a passenger in appellant's vehicle, brought suit in Delaware County...

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