1. Home
  2. Browse Decisions
  3. Pa.Super.
  4. 334 Pa.Super.
  5. 334 Pa.Super. 396 (1984)
 

WALASAVAGE v. MARINELLI

334 Pa.Super. 396 (1984)

483 A.2d 509

Helen M. WALASAVAGE, Administratrix of the Estate of Francis R. Walasavage, Appellant, v. Tony MARINELLI and Joseph Marinelli, d/b/a City Welding and Manufacturing Company, a/k/a City Welding, v. George McCLYMONDS, Mark McClymonds, Frank A. Weber, The Chester Engineers, Inc., Robinson Service and Equipment Company, Inc., Marona Construction Company, MGM Spring Brakes, Inc. v. ROBINSON SERVICE & EQUIPMENT, INC. Helen M. WALASAVAGE, Administratrix of the Estate of Francis R. Walasavage v. Tony MARINELLI and Joseph Marinelli, d/b/a City Welding and Manufacturing Company, a/k/a City Welding v. George McCLYMONDS, Mark McClymonds, Frank A. Weber, The Chester Engineers, Inc. Robinson Service and Equipment Company, Inc., Marona Construction Company, MGM Spring Brakes, Inc. v. ROBINSON SERVICE & EQUIPMENT, INC., Appellant. Helen M. WALASAVAGE, Administratrix of the Est. of Francis R. Walasavage v. CITY WELDING AND MANUFACTURING COMPANY, INC., Appellant, v. George McCLYMONDS, Mark McClymonds, Frank A. Weber, The Chester Engineers, Inc., Robinson Service and Equipment Company, Inc., Marona Construction Company, MGM Spring Brakes, Inc. v. ROBINSON SERVICE & EQUIPMENT INC., Tony Marinelli and Joseph Marinelli.

Supreme Court of Pennsylvania.

Filed September 21, 1984.

Reargument Denied November 27, 1984.

Attorney(s) appearing for the Case

Lee C. McCandless, Butler, for Robinson, appellant (at No. 874) and appellee (at Nos. 985 and 1062).

Thomas B. Rutter, Philadelphia, for Walasavage, appellant (at No. 985) and appellee (at Nos. 874 and 1062).

Richard Audino, New Castle, for City Welding, appellant (at No. 1062) and appellee (at Nos. 874 and 985).

Before BROSKY, DEL SOLE and MONTGOMERY, JJ.

MONTGOMERY, Judge:

On August 25, 1978, Francis R. Walasavage was working beside a chute at the rear of a triaxle dump truck which was owned by George McClymonds, and was being operated by Mark McClymonds. Mr. Walasavage was controlling the flow of hot asphalt from the truck bed, through the chute, and into a sewer trench when the entire tailgate of the truck suddenly opened, burying him in hot asphalt. He lost

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases