FLOWERS v. SMITH

No. 263.

12 Pa. D. & C. 3d 434 (1979)

Flowers v. Smith

Common Pleas Court of Fayette County, Pennsylvania.

November 27, 1979.


Attorney(s) appearing for the Case

David E. Cohen, for plaintiff.

William E. Radcliffe, for defendant.

Joseph M. George, for additional defendant.

Before Cicchetti, Adams, Franks, Capuzzi,


ADAMS, J., November 27, 1979.

This matter is before the court en banc on defendants' motion for partial summary judgment pursuant to Pa.R.C.P. 1035(c). Original defendant, Paul Smith, and additional defendant, Aleck Molnar, administrator of the Estate of Delbert Rankin, deceased, who joins in this motion, assert that plaintiff, Lola Flowers, is barred from recovering out-of-pocket medical expenses and loss of earnings in a trespass action since these items...

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