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CHRISTY v. DARR

Nos. 1898 C.D. 1982 and 1951 C.D. 1982.

78 Pa.Commw. 354 (1983)

Robert J. Christy, Appellant v. David Allen Darr, Appellee. David Allen Darr, Appellant v. Robert J. Christy, Appellee.

Commonwealth Court of Pennsylvania.

November 16, 1983.

Attorney(s) appearing for the Case

Herbert L. Olivieri, Chief, Tort Litigation Unit, with him Frank J. Micale, Deputy Attorney General, and LeRoy S. Zimmerman, Attorney General, for appellant/appellee, Robert J. Christy.

Alexander H. Lindsay, Jr., for appellee/appellant, David Allen Darr.

Argued October 3, 1983, before President Judge CRUMLISH, JR. and Judges BARRY and BARBIERI, sitting as a panel of three.

OPINION BY JUDGE BARRY, November 16, 1983:

These cross-appeals1 result from an order dated July 16, 1982, of the Court of Common Pleas of Butler County which ordered entry of judgment on a verdict in favor of David Allen Darr (plaintiff) but refused to allow any delay damages under Pa. R.C.P. No. 238 (Rule 238).

On October 25, 1975, the plaintiff, his twin brother, Douglas...

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