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POLUMBO v. DESTEFANO

329 Pa.Super. 360 (1984)

478 A.2d 828

John M. POLUMBO, Administrator of the Estate of Charles G. Leshko, Sr. v. Angelo DESTEFANO, Joseph Cavalleri, Richard Nelson and Safeway Truck Co., a/k/a Safeway Trucking Company v. CADILLAC MOTOR CAR DIVISION OF GENERAL MOTORS CORP. (Two Cases) Appeal of Richard NELSON and Safeway Truck Co., a/k/a Safeway Trucking Company. (Six Cases) Ann Louise LESHKO v. Angelo DESTEFANO, Joseph Cavalleri, Richard Nelson and Safeway Truck Co., a/k/a Safeway Trucking Co. v. CADILLAC MOTOR CAR DIVISION OF GENERAL MOTORS CORP. v. John M. POLUMBO, Administrator of the Estate of Charles G. Leshko, Sr. George SAGAN and Evelyn Sagan, his wife, v. Angelo DESTEFANO, Joseph Cavalleri, Richard Nelson and Safeway Truck Co., a/k/a Safeway Trucking Company v. CADILLAC MOTOR CAR DIVISION OF GENERAL MOTORS CORP. Ann Louise LESHKO v. Angelo DESTEFANO, Joseph Cavalleri, Richard Nelson and Safeway Truck Co., a/k/a Safeway Trucking Co. v. CADILLAC MOTOR CAR DIVISION OF GENERAL MOTORS CORP. v. John M. POLUMBO, Administrator of the Estate of Charles G. Leshko, Sr. George SAGAN and Evelyn Sagan, his wife v. Angelo DESTEFANO, Joseph Cavalleri, Richard Nelson and Safeway Truck Co., a/k/a Safeway Trucking Company v. CADILLAC MOTOR CAR DIVISION OF GENERAL MOTORS CORP., and John M. Polumbo, Administrator of the Estate of Charles G. Leshko, Sr.

Supreme Court of Pennsylvania.

Filed June 1, 1984.

Reargument Denied August 14, 1984.

Attorney(s) appearing for the Case

James P. McKenna, Jr., Pittsburgh, for appellants.

Richard G. Fine, Scranton, for Destefano, appellee (at Nos. 1073 and 2631).

Thomas J. Sharkey and Joseph J. Ustynoski, Hazleton, for Leshko, appellee (at Nos. 1074 and 2632).

Joseph J. Ustynoski, Hazleton, for Sagan, appellee (at Nos. 1075 and 2633).

Before SPAETH, President Judge, and POPOVICH and HOFFMAN, JJ.

POPOVICH, Judge:

This is an appeal from the Order of the en banc Court of Common Pleas of Luzerne County, which was reduced to a judgment on August 9, 1982, denying defendants-appellants' (Richard Nelson and Safeway Truck Company's) motions for a judgment non obstante veredicto or a new trial.1 We reverse.

The measuring stick against which the grant or denial of a judgment n.o.v. is to be assessed has been stated to be the...

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