MIGYANKO v. THISTLETHWAITE


275 Pa.Super. 500 (1980)

419 A.2d 12

Kathryn L. MIGYANKO, Executrix of the Estate of Phillip Alexander Migyanko, Deceased, on behalf of the next of kin of Phillip Alexander Migyanko, Deceased; and Kathryn L. Migyanko, Executrix of the Estate of Phillip Alexander Migyanko, Deceased, on behalf of the Estate of Phillip Alexander Migyanko, Deceased, and Kathryn L. Migyanko, Individually, and as parent and natural guardian of Steven C. Migyanko and Ronald J. Migyanko, minors, Appellants, v. Edward F. THISTLETHWAITE; Harry Litten; Geraldine Litten and Jack Litten, Individually and d/b/a Litten Service Station; Center Independent Oil Company; and The Borough of Jefferson, and Martin A. Niverth and Nellie Niverth, Individually and d/b/a Stoney Point Inn; and Harold Mitchell.

Superior Court of Pennsylvania.

Filed January 18, 1980.

Reargument Denied March 13, 1980.

Petition for Allowance of Appeal Denied July 29, 1980.


Attorney(s) appearing for the Case

William D. Phillips, Washington, for appellants.

Joseph M. George, Uniontown, for Center Independent Oil Co., appellee.

William M. Radcliffe, Uniontown, did not file a brief on behalf of Edward F. Thistlethwaite, appellee.

Philip T. Warman, Uniontown, did not file a brief on behalf of the Borough of Jefferson, appellee.

Before PRICE, HESTER and MONTGOMERY, JJ.


PRICE, Judge:

The instant appeal is from the order of the trial court granting the summary judgment motion of Center Independent Oil Company (Center), the sole appellee. For the reasons stated herein, we reverse the order of the trial court.

The facts pertinent to Center's motion for summary judgment arose out of an incident on February 21, 1977, in which appellant's decedent, Phillip Alexander Migyanko...

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