LININGER v. KROMER et al.


238 Pa.Super. 259 (1976)

Lininger v. Kromer (et al., Appellant). Kromer v. Kobylarczyk, Appellant.

Superior Court of Pennsylvania.

February 2, 1976.


Attorney(s) appearing for the Case

Daniel P. Stefko, with him James R. Miller, and Dickie, McCamey & Chilcote, for appellant.

Robert D. Douglass, with him Donald M. Miller, William E. Duffield, Ira B. Coldren, Jr., and Miller & Cope, and Coldren & Coldren, for appellees.

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


OPINION BY HOFFMAN, J., February 2, 1976:

Appellant, Tony Kobylarczyk, contends that the trial court erred (1) in holding that his out-of-court statement made two hours after an automobile accident was not within the res gestae exception to the hearsay rule and, therefore, was not admissible, and (2) in directing the plaintiffs either to file a remittitur or to undergo a second trial limited to the issue of damages, instead of awarding a general new trial.

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