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BORTNER v. GLADFELTER

302 Pa.Super. 492 (1982)

448 A.2d 1386

Clair A. BORTNER, Individually and as Administrator of the Estate of Jeffrey B. Bortner, Appellant, v. Rodger E. GLADFELTER, Jr., Appellee.

Supreme Court of Pennsylvania.

Filed August 6, 1982.

Attorney(s) appearing for the Case

Samuel K. Gates, York, for appellant.

George Douglas, Carlisle, for appellee.

Before PRICE, WIEAND and LIPEZ, JJ.

WIEAND, Judge:

Jeffrey Bortner was killed when a vehicle in which he was a passenger left a two-lane road in York County and overturned. Bortner and the driver, Rodger E. Gladfelter, had been drinking wine prior to the accident, and Gladfelter, a jury found, was visibly intoxicated.1 The jury concluded that Bortner, age 18, and Gladfelter, age 17, were both negligent and that their negligence was equally responsible (50%) for Bortner's...

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