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IOLE v. WESTERN AUTO SUPPLY CO.

352 Pa.Super. 528 (1986)

508 A.2d 600

Michele IOLE, Administratrix of the Estate of Michael Iole, Michele Iole, Frank Iole and Phiolmena Iole, His Wife v. WESTERN AUTO SUPPLY COMPANY, Summit and John Doe, Representing All Those Individual Corporations and Other Entities That Produced Manufactured, Designed, Constructed and/or Assembled and Sold/Or Distributed Wizard 2 Ton Capacity Jack Stands Model Number A-5030.

Supreme Court of Pennsylvania.

Filed May 12, 1986.

Attorney(s) appearing for the Case

John D. Hendricks, Pittsburgh, for appellants.

Frederick N. Egler, Jr., Pittsburgh, for appellees.

Before BROSKY, OLSZEWSKI and POPOVICH, JJ.

POPOVICH, Judge:

This is an appeal from an order in the court below refusing to open or strike a judgment of non pros. We vacate.

On November 22, 1983, the plaintiffs filed a praecipe for summons in trespass and assumpsit against Western Auto Supply Company (hereinafter Western) and Summit, the seller and manufacturer, respectively, of a two-ton jackstand which allegedly collapsed during use and resulted in the death of one Michael Iole.

By April 11...

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