COUTS v. GHION


281 Pa.Super. 135 (1980)

421 A.2d 1184

John T. COUTS, Administrator of the Estate of John R. Couts, Deceased, Appellant, v. Dean P. GHION v. REFRESHMENT PRODUCTS, INC., a corporation, and Holiday House, Inc., a corporation.

Superior Court of Pennsylvania.

Filed September 5, 1980.

Reargument Denied October 31, 1980.

Petition for Allowance of Appeal Denied December 30, 1980.


Attorney(s) appearing for the Case

Thomas Hollander, Pittsburgh, for appellant.

Aura N. Pershing, Greensburg, for Ghion, appellee.

Thomas W. Smith, Pittsburgh, submitted a brief on behalf of Refreshment Products, Inc., Appellee.

Richard L. Rosenzweig, Pittsburgh, for Holiday House, appellee.

Before SPAETH, HOFFMAN and VAN der VOORT, JJ.


HOFFMAN, Judge:

Appellant contends that the lower court erred in (1) granting summary judgment in favor of appellee Refreshment Products, Inc.; (2) refusing to take off a compulsory nonsuit in favor of appellee Holiday House, Inc.; and (3) excluding evidence of breathalyzer and blood test results. We agree with the latter two contentions and, accordingly, reverse the order of the lower court and remand for a new trial.

Appellant, administrator of the estate...

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