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MALONEY v. CITY OF PHILA.

Nos. 2684 C.D. 1986 and 2687 C.D. 1986.

111 Pa.Commw. 634 (1987)

535 A.2d 209

Joseph F. Maloney, Appellant v. City of Philadelphia, Appellee. City of Philadelphia, Appellant v. Joseph F. Maloney, Appellee.

Commonwealth Court of Pennsylvania.

December 15, 1987.

Attorney(s) appearing for the Case

Joseph F. Busacca, for appellant/appellee, Joseph F. Maloney.

John M. McNally, Jr., Naulty, Scaricamazza & McDevitt, for appellee/appellant, City of Philadelphia.

Argued September 18, 1987, before Judges COLINS and PALLADINO, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, December 15, 1987:

The City of Philadelphia (City) appeals from an order of the Court of Common Pleas of Philadelphia County in which the trial court denied the City's motion for judgment notwithstanding the verdict (JNOV). Joseph Maloney (Maloney) appeals from the same order in which the trial court granted the City's motion for a new trial.

Maloney was an employee of Curtis Bedwell, Inc. (Contractor). Contractor had been hired...

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