SMITH v. USAA

No. 88-13437.

3 Pa. D. & C. 4th 371 (1989)

Smith v. United Services Automobile Association

Common Pleas Court of Montgomery County, Pennsylvania.

August 1, 1989.


Attorney(s) appearing for the Case

Robert G. Leino, for plaintiff.

Steven E. Combs, for defendant.


BROWN, J., August 1, 1989.

On the afternon of October 25, 1985, the plaintiff, Hugh J. Smith Jr., then age seven, was riding his bicycle on Buchart Road, Gilbertsville, this county, accompanied by his brother, James, and two friends. They saw a farm tractor pulling a haywagon. Both adults and children were being taken for a ride by the owner, Daniel Mertz.

The boys followed along behind the haywagon with young Smith approximately five feet behind the...

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