POTENBURG v. VARNER


284 Pa.Super. 19 (1981)

424 A.2d 1370

Mary Joyce POTENBURG, Administratrix of the Estate of Joseph J. Potenburg, Deceased v. Robert M. VARNER and Carl A. Petka. Appeal of Carl A. PETKA, Appellant.

Superior Court of Pennsylvania.

Filed January 30, 1981.

Petition for Allowance of Appeal Denied April 20, 1981.


Attorney(s) appearing for the Case

J. Joseph Herring, Jr., Media, for appellant.

Daniel L. Thistle, Philadelphia, for appellee.

Before SPAETH, HESTER and CAVANAUGH, JJ.


HESTER, Judge:

This is an appeal from the Order of the Court of Common Pleas of Delaware County denying appellant's post trial motions. The procedural history and facts relevant to the issue on appeal are as follows:

On November 6, 1973, appellee Potenburg's decedent was killed after being struck successively by two vehicles while he was walking on Interstate 95 near the Kerlin Street entrance ramp in Chester, Delaware County. The record shows that appellee...

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