MITCHELL v. PHILADELPHIA ELEC. CO.


281 Pa.Super. 452 (1980)

422 A.2d 556

Charles MITCHELL, Appellant, v. PHILADELPHIA ELECTRIC COMPANY. SEPTA, Participating Party.

Superior Court of Pennsylvania.

Filed October 10, 1980.


Attorney(s) appearing for the Case

Herbert Braker, Philadelphia, for appellant.

Charles W. Craven, Philadelphia, for appellee.

Norman Hegge, Jr., Philadelphia, for participating party.

Before HESTER, WICKERSHAM and LIPEZ, JJ.


WICKERSHAM, Judge:

On June 23, 1977, Charles H. Mitchell, appellant herein, was injured while a passenger in a truck owned by his employer, Philadelphia Electric Company. The accident occurred when an uninsured motor vehicle, owned by Hyton Industrial Scrap, Inc., struck the Philadelphia Electric Company truck. The electric company was self-insured.

At the time of the accident the law of Pennsylvania, with regard to uninsured motorists, provided that:

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