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VESPAZIANI v. INSANA

501 Pa. 612 (1983)

462 A.2d 669

Tony VESPAZIANI and Viola Vespaziani, his wife v. Pete INSANA, individually and t/d/b/a Pete Insana Auto Body Repair and Towing, and Richard Insana. Appeal of TRANSPORT INSURANCE COMPANY.

Supreme Court of Pennsylvania.

Decided July 11, 1983.

Attorney(s) appearing for the Case

Joseph F. Grochmal, Roy F. Walters, Jr., Fried, Kane, Walters & Zuschlag, David S. Shrager, Pittsburgh, for appellant.

Daniel M. Berger, Pittsburgh, for Tony Vespaziani, et ux.

Robert L. Ceisler, Washington, for Pete Insana, etc.

Fred C. Trenor, Louis C. Long, Meyer, Darragh, Buckler, Bebenek & Eck, Pittsburgh, for amicus curiae Westmoreland Cas. Co.

Before ROBERTS, C.J., and NIX, LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

Plaintiff Vespaziani sustained injuries in a motor vehicle accident occurring in the course of his employment by Eastern Express, Inc. Under the Workmen's Compensation Act, Act of June 2, 1915, P.L. 736, § 101 et seq., as amended, 77 P.S. §§ 1 et seq., Eastern's insurance carrier, Transport Insurance Company (herein Transport), has paid to Vespaziani...

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