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BURKETT v. GEORGE

Nos. 42 T.D. 1987, and 43 T.D. 1987.

118 Pa.Commw. 543 (1988)

545 A.2d 985

Gary L. Burkett, Administrator of the Estate of Robert A. Burkett, Deceased, and Guardian Ad Litem for all persons entitled to share in damages for the wrongful death of Robert A. Burkett v. John Stephen George and The Township of Monroe. The Township of Monroe, Appellant. Gary L. Burkett, Administrator of the Estate of Robert A. Burkett, Deceased, and Guardian Ad Litem for all persons entitled to share in damages for the wrongful death of Robert A. Burkett, Appellant v. John Stephen George and The Township of Monroe, Appellees.

Commonwealth Court of Pennsylvania.

August 15, 1988.

Attorney(s) appearing for the Case

William F. Martson, Martson, Deardorff, Williams & Otto, for Township of Monroe.

James D. Flower, Jr. for John Stephen George.

John M. Eakin, with him, Murrel R. Walters, III, for Gary L. Burkett, Administrator.

Argued April 19, 1988, before President Judge CRUMLISH, JR., Judge McGINLEY, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., August 15, 1988:

Gary L. Burkett, Administrator of his son Robert's estate, and the Township of Monroe cross-appeal a Cumberland County Common Pleas Court order granting and denying certain post-trial motions. The final order granted a new trial as to survival and wrongful death damages but denied a new trial on the issue of liability. We affirm in part and reverse and remand in part.

Robert Burkett, an eighteen year...

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