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ANTONACE v. FERRI CONTRACTING CO., INC.

320 Pa.Super. 519 (1983)

467 A.2d 833

Anthony ANTONACE, Administrator of the Estate of Richard Allen Antonace, Deceased v. FERRI CONTRACTING COMPANY, INC. and Joseph A. Micale. Appeal of FERRI CONTRACTING COMPANY, INC.

Supreme Court of Pennsylvania.

Filed October 28, 1983.

Petition for Allowance of Appeal Denied February 9, 1984.

Attorney(s) appearing for the Case

David B. Fawcett, Jr., Pittsburgh, for appellant.

William S. Schweers, Jr., Pittsburgh, for Antonace, appellee.

David Harry Patterson, Pittsburgh, for Micale, appellee.

Before CERCONE, President Judge, and BECK and MONTEMURO, JJ.

MONTEMURO, Judge:

This is an action in trespass commenced under the Wrongful Death and Survival Acts, 42 Pa.C.S.A. §§ 8301, 8302. Appellee, Antonace, is seeking damages for the death of his minor son, Richard, age 16, who died September 16, 1979 as a result of injuries he sustained the previous day.

On September 15, 1979, at approximately 5:00 P.M., the decedent was operating a dirt bike on property owned by appellee, Joseph A. Micale, but leased...

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