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KUBIT v. RUSS

287 Pa.Super. 28 (1981)

429 A.2d 703

Anthony J. KUBIT, Administrator of the Estates of Joseph Charles Kubit, Deceased, Anna P. Kubit, Deceased, and Susan Kubit, Deceased, and Joanne Kubit, Joseph E. Kubit and Timothy B. Kubit, Minors, by Anthony J. Kubit, their paternal uncle and natural guardian, Appellants, v. John Willard RUSS, Jr., and the Township of Richland, a Municipal Corporation.

Superior Court of Pennsylvania.

Filed May 8, 1981.

Attorney(s) appearing for the Case

R. Kenneth Willman, Pittsburgh, for appellants.

Thomas A. Lazaroff, Pittsburgh, for appellees.

Before SPAETH, WICKERSHAM and LIPEZ, JJ.

LIPEZ, Judge:

This is an appeal from the denial of the motion of appellants Kubit,1 plaintiffs below, for a new trial following a jury verdict in favor of appellee Township of Richland.2 The facts of the case as well as the issues are set forth in the lower court's en banc opinion as follows:

Shortly before 9:30 p.m., on October 6, 1973, there was a minor two-car collision on the southbound side of...

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