McCLINTON v. WHITE


497 Pa. 610 (1982)

444 A.2d 85

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

Supreme Court of Pennsylvania.

Decided April 21, 1982.


Attorney(s) appearing for the Case

John A. Miller, Petrush & Miller, Beaver Falls, for Marnee B. McClinton.

Frank C. Lewis, Hudacsek & Lewis, Beaver Falls, for Harry Toney.

Samuel C. Holland, Panner, Holland & Autenreith, Beaver, for Barbara White, etc.

Edward J. Tocci, Aliquippa, for Lee C. Smith.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY, McDERMOTT and HUTCHINSON, JJ.


OPINION OF THE COURT

ROBERTS, Justice.

This is a survival action. The sole issue is whether the trial court properly instructed the jury on the "personal maintenance" deduction. A panel of the Superior Court was of the view that a new trial is necessary because the instruction unduly limited the scope of items includible within the deduction to "subsistence level expenses." We hold that on the present record the court's charge does not require a new trial...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases