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McCLINTON v. WHITE

285 Pa.Super. 271 (1981)

427 A.2d 218

Marnee B. McCLINTON, administratrix of the Estate of Robert B. McClinton, Deceased, and Harry Toney, Administrator of the Estate of Dino Toney, Deceased, v. Barbara WHITE, Administratrix of the Estate of James C. McClinton, Jr., Deceased, and Lee C. Smith, Appeal of Barbara WHITE, Administratrix of the Estate of James C. McClinton, Jr., Deceased.

Superior Court of Pennsylvania.

Filed March 13, 1981.

Petition for Allowance of Appeal Granted July 22, 1981.

Attorney(s) appearing for the Case

Samuel C. Holland, Beaver, for appellant.

Robert J. Campbell, Beaver Falls, for Marnee B. McClinton, appellee.

Frank C. Lewis, Beaver Falls, for Harry Toney, appellee.

Before CERCONE, President Judge, and MONTGOMERY and LIPEZ, JJ.

LIPEZ, Judge:

This is an appeal from a judgment in favor of appellees under the Survival Act.1 Appellees' decedents Robert B. McClinton, age 16, and Dino Toney, age 18, were killed instantly in an auto accident. Following a bifurcated trial, the jury returned verdicts on the liability portion of the case against appellant Barbara White, administratrix of the Estate of James C. McClinton, Jr.2 Thereafter verdicts...

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