MARTIN v. POOLE


232 Pa.Super. 263 (1975)

Martin, Appellant, v. Poole.

Superior Court of Pennsylvania.

March 31, 1975.


Attorney(s) appearing for the Case

Harold B. Marcus, with him Martin J. Heiligman, and Sherr, Silverman, Warden, Moses & Marcus, and McAllister and Reif, for appellant.

Carl N. Martin, II, with him Richard L. Gerson, and Duane, Morris & Heckscher, for appellee.

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


OPINION BY HOFFMAN, J., March 31, 1975:

The sole issue presented in this case is whether a default judgment suffered by appellant, Martin, in a negligence action brought by appellee, Poole, against appellant acted as a bar to a separate negligence action brought by appellant against appellee, arising out of the same accident, and pending at the time that appellee brought its action.

On June 29, 1972, appellant and appellee were involved in an automobile accident...

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