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ENGLISH v. LEHIGH CTY. AUTHORITY

286 Pa.Super. 312 (1981)

428 A.2d 1343

Richard B. ENGLISH, Administrator of the Estate of Thomas R. English, Deceased v. LEHIGH COUNTY AUTHORITY, Malcolm Pirnie, Inc., and Kelly Service, Inc. Appeal of KELLY LABOR OF ALLENTOWN, INC. Richard B. ENGLISH, Administrator of the Estate of Thomas R. English, Deceased v. A.L. WIESENBERGER ASSOCIATES, INC. and Kelly Labor of Allentown, Inc. Appeal of KELLY LABOR OF ALLENTOWN, INC. Richard B. ENGLISH, Administrator of the Estate of Thomas R. English, Deceased v. LEHIGH COUNTY AUTHORITY, Malcolm Pirnie, Inc., and Kelly Service, Inc. Richard B. ENGLISH, Administrator of the Estate of Thomas R. English, Deceased, Appellant, v. A.L. WIESENBERGER ASSOCIATES, INC. and Kelly Labor of Allentown, Inc. Richard B. ENGLISH, Administrator of the Estate of Thomas R. English, Deceased v. LEHIGH COUNTY AUTHORITY, Malcolm Pirnie, Inc. and Kelly Service, Inc. Appeal of A.L. WIESENBERGER ASSOC., INC. Richard B. ENGLISH, Administrator of the Estate of Thomas R. English, Deceased v. A.L. WIESENBERGER ASSOCIATES, INC. and Kelly Labor of Allentown, Inc. Appeal of A.L. WIESENBERGER, ASSOC., INC. Richard B. ENGLISH, Administrator of the Estate of Thomas R. English, Deceased v. LEHIGH COUNTY AUTHORITY, Malcolm Pirnie, Inc., and Kelly Service, Inc. and Richard B. ENGLISH, Administrator of the Estate of Thomas R. English, Deceased v. A.L. WIESENBERGER ASSOCIATES, INC. and Kelly Labor of Allentown, Inc. Appeal of KELLY LABOR OF ALLENTOWN, INC.

Superior Court of Pennsylvania.

Filed January 16, 1981.

Reargument Denied April 27, 1981.

Petition for Allowance of Appeal Granted July 17, 1981.

Attorney(s) appearing for the Case

Jerry A. Snyder, Allentown, for Kelly Labor, appellant in Nos. 2078, 2079 and 410 and appellee in Nos. 2081 and 2083.

Keith S. Erbstein, Philadelphia, for English, appellee in Nos. 2078, 2079, 2082, 2083, and 410 and appellant in Nos. 2080 and 2081.

Joseph Leeson, Bethlehem, for Lehigh County, appellee in Nos. 2078, 2080, 2082 and 410.

John Mason, Philadelphia, for Malcolm Pirnie, appellee in Nos. 2078, 2082 and 410.

David L. Pennington, Philadelphia, for Kelly Service, appellee in Nos. 2078, 2080, 2082 and 410.

Gary S. Figore, Easton, for Wiesenberger, appellee in Nos. 2079, 2081 and 410 and appellant in Nos. 2082 and 2083.

Thomas J. Calnan, Jr., Allentown, for Malcolm Pirnie, appellee in No. 2080.

Before SPAETH, HESTER and CAVANAUGH, JJ.

SPAETH, Judge:

This case arises on consolidated appeals from orders granting summary judgment.

On July 13 or 14, 1973, Thomas R. English died as a result of inhaling noxious fumes. His administrator, Richard B. English, brought two actions to recover damages under the wrongful death or survival statutes, or under both. The first action, No. 221 September Term 1974, is against Lehigh County Authority, Malcolm Pirnie, Inc., and Kelly Services, Inc. The second...

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