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PIEKARSKI v. CLUB OVERLOOK ESTATES, INC.

281 Pa.Super. 162 (1980)

421 A.2d 1198

Priscilla F. PIEKARSKI, Executrix of the Estate of Francis J. Piekarski, Deceased, on behalf of the Estate of Francis J. Piekarski and on behalf of the next of kin of Francis J. Piekarski v. CLUB OVERLOOK ESTATES, INC., Phillip Fratto and Samuel Fratto, t/d/b/a Dino's Bar, Township of Penn, Butler County, Pa., and Latrobe Construction Company. Appeal of TOWNSHIP OF PENN. Appeal of CLUB OVERLOOK ESTATES, INC. Joanne M. PLANZ, Executrix of the Estate of Raymond C. Planz v. CLUB OVERLOOK ESTATES, INC., a Pennsylvania Corporation, Phillip and Samuel Fratto, t/d/b/a Dino's Bar, Penn Township, a municipal corporation, Latrobe Construction Company, a Pennsylvania Corporation, and Priscilla Piekarski, Admrx. of the Estate of Francis Piekarski. Appeal of TOWNSHIP OF PENN. Appeal of CLUB OVERLOOK ESTATES, INC.

Superior Court of Pennsylvania.

Filed September 12, 1980.

Petition for Allowance of Appeal Denied February 27, 1981.

Attorney(s) appearing for the Case

R. Kenneth Willman, Pittsburgh, for Township of Penn, appellant at Nos. 1390 and 1391.

Charles E. Evans, Pittsburgh, for Piekarski, appellee at nos. 1390 and 102.

Gerald W. Weaver, Pittsburgh, for Club Overlook Estates, appellant at nos. 102 and 103.

James E. McLaughlin, Pittsburgh, for Fratto, appellee.

Thomas L. Cooper, Pittsburgh, for Planz, appellee at nos. 1391 and 103.

Before SPAETH, HOFFMAN and VAN der VOORT, JJ.

SPAETH, Judge:

These appeals are from an order denying motions for judgment n.o.v. or new trial in a trespass action. The action arose out of an accident that occurred on March 14, 1973 on Route 8 in Penn Township, Butler County, when a car being driven south by one Francis Piekarski collided head-on with a truck being driven north by one Raymond Planz. Both men died as a result of the accident.

The executrix...

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