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MURDOCH v. COM. OF PA. ET AL.

Nos. 1235 C.D. 1986, 1320 C.D. 1986, 1436 C.D. 1986, and 1437 C.D. 1986.

110 Pa.Commw. 74 (1987)

531 A.2d 1164

Britton Murdoch, Executor of the Estate of Billie C. Strawbridge, Deceased, Appellant v. Commonwealth of Pennsylvania, Estate of William Eason, Mr. and Mrs. Anthony Mancini, Joseph Winchester and Foggia Builders, Inc., Appellees. Britton Murdoch, Executor of the Estate of Billie C. Strawbridge, Deceased v. Commonwealth of Pennsylvania, Estate of William Eason, Mr. and Mrs. Anthony Mancini, Joseph Winchester, and Foggia Builders, Inc. Commonwealth of Pennsylvania, Appellant. Britton Murdoch, Executor of the Estate of Billie C. Strawbridge, Deceased v. Commonwealth of Pennsylvania, Estate of William Eason, Mr. and Mrs. Anthony Mancini, Joseph Winchester, and Foggia Builders, Inc. Mr. and Mrs. Anthony Mancini, Appellants. Britton Murdoch, Executor of the Estate of Billie C. Strawbridge, Deceased v. Commonwealth of Pennsylvania, Estate of William Eason, Mr. and Mrs. Anthony Mancini, Joseph Winchester, and Foggia Builders, Inc. Estate of William Eason, and Joseph Winchester, Appellants.

Commonwealth Court of Pennsylvania.

Argued February 24, 1987.

Attorney(s) appearing for the Case

Jeffrey M. Stopford, for appellant/appellee, Britton Murdoch, Executor of Estate of Billie C. Strawbridge, deceased.

Celeste Yvonne Lamb, Deputy Attorney General, with her, LeRoy S. Zimmerman, Attorney General, for appellees/appellants, Commonwealth of Pennsylvania, Estate of William Eason and Joseph Winchester.

Jean C. Hemphill, with her, E. Paul Maschmeyer, of Counsel: Monteverde, Hemphill, Maschmeyer & Obert, for appellants/appellees, Mr. and Mrs. Anthony Mancini.

John R. Riddell, with him, J. Joseph Herring, Jr., Fronefield and deFuria, for appellee, Foggia Builders, Inc.

Before Judges COLINS and PALLADINO, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, October 5, 1987:

On January 22, 1979, Mrs. Billie Strawbridge was killed when the car which she was driving was struck head-on. The accident was caused when an on-coming vehicle hit a patch of ice on West Chester Pike causing the driver to lose control of her vehicle, cross the median, and strike the Strawbridge vehicle.

Britton Murdoch, Executor of the Estate of Billie Strawbridge, brought a wrongful death1

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