MINDALA v. AMERICAN MOTORS CORP.


518 Pa. 350 (1988)

543 A.2d 520

Michael MINDALA, Administrator of the Estate of Thomas M. Mindala, Deceased; Eileen S. Stiffler, Administratrix of the Estate of Vickie Lee Mindala, Deceased; and Tracy Lee Osborne, formerly known as Tracy Lee Mindala, a minor, by Mellon Bank, N.A., Guardian of her Estate, Appellants, v. AMERICAN MOTORS CORPORATION, a Maryland Corporation; Jeep Corporation, a Nevada Corporation and wholly owned subsidiary of American Motors Corporation; AM General Corporation; the Commonwealth of Pennsylvania; the Commonwealth of Pennsylvania Department of Transportation; the Borough of Ephrata, Ephrata Communications Center; Harry H. Good, An Individual; and Michael Mindala, Administrator of the Estate of Thomas M. Mindala, Deceased, West Cocalico Township, Appellees.

Supreme Court of Pennsylvania.

Decided May 31, 1988.

Reargument Denied August 5, 1988.


Attorney(s) appearing for the Case

Joseph A. McIntyre, William A. Atlee, Jr., Lancaster, Thomas Hollander, Pittsburgh, for appellants.

George A. Welsh, Sr. Deputy Atty. Gen., Charles W. Rubendall, Harrisburg, William E. Haggerty, Vincent J. Quinn, Lancaster, for appellees.

George C. Werner, Lancaster, for appellee West Cocalico Tp.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.


ORDER

PER CURIAM.

The Court being evenly divided, the Order of the Commonwealth Court is affirmed.

STOUT, J., did not participate in the consideration or decision of this case.

HUTCHINSON, Former J., did not participate in the decision of this case.

ZAPPALA, J., filed an Opinion in Support of Affirmance in which NIX, C.J., and FLAHERTY, J., joined.

LARSEN, J., filed an Opinion in Support of Reversal in which McDERMOTT and...

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