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GONZALES v. PROCACCIO BROS. TRUCKING CO.

268 Pa.Super. 245 (1979)

407 A.2d 1338

Pierre GONZALES, a Minor, Ward of the City of Philadelphia v. PROCACCIO BROTHERS TRUCKING COMPANY, Appellant and Cliff Moore and Parnell Associates, Additional Defendants.

Superior Court of Pennsylvania.

Petition for Allowance of Appeal Denied October 29, 1979.

Attorney(s) appearing for the Case

Joel Paul Fishbein, Philadelphia, for appellant.

James M. Penny, Jr., Deputy City Solicitor, Philadelphia, for appellee Gonzales.

Reuben Singer, Philadelphia, for appellee Moore, and Dudley Hughes, Philadelphia, for appellee Parnell Associates, did not file briefs on behalf of said appellees.

Before VAN der VOORT, WIEAND and LIPEZ, JJ.

WIEAND, Judge:

In this appeal we are asked to decide the validity of a local rule of court which authorizes the Prothonotary to enter a judgment of non pros when a plaintiff has failed to answer interrogatories served upon him by a party pursuant to Pa.R.C.P. No. 4005.

The minor plaintiff, Pierre Gonzales, by his guardian, the City of Philadelphia, filed a complaint in trespass to recover damages for injuries sustained when his arm was caught in a conveyor...

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