EVANS, ROADWAY EXP., INC. v. D'IORIO


360 Pa.Super. 45 (1987)

519 A.2d 983

William EVANS, to the Use of ROADWAY EXPRESS, INC., and William Evans and Denise Evans, his wife v. James P. D'IORIO, M.D. Appeal of William EVANS, to the Use of ROADWAY EXPRESS, INC.

Supreme Court of Pennsylvania.

Filed January 5, 1987.


Attorney(s) appearing for the Case

F. Daniel Altland, Harrisburg, for appellant.

John D. Nardine, Wilkes-Barre, for appellee.

Before WIEAND, OLSZEWSKI and CERCONE, JJ.


OLSZEWSKI, Judge:

This is an appeal from an order sustaining appellee's preliminary objections in the nature of a demurrer to appellants' amended complaint and entering judgment in favor of appellee and against appellant. Because we find error in the trial court's decision, we reverse and remand.

This action was commenced by the filing of a praecipe of summons on October 7, 1985. After entry of a rule to file a complaint on November 22, 1985, a complaint naming...

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