DeLUCA v. SMALLER


385 Pa.Super. 546 (1989)

561 A.2d 810

Anthony R. DeLUCA, Administrator De Bonis Non of the Estate of Angelina C. Viola, Deceased, Appellant, v. Carolyn J. SMALLER and the Goldbrick Co., Inc., Appellees.

Supreme Court of Pennsylvania.

Filed July 27, 1989.


Attorney(s) appearing for the Case

Jack M. Bernard, Philadelphia, for appellant.

John T. Quinn, Philadelphia, for appellees.

Before WIEAND, McEWEN and MELINSON, JJ.


WIEAND, Judge:

This is an appeal from an order denying a petition to award delay damages pursuant to Pa.R.C.P. 238.

On December 15, 1981, Angelina Viola, a sixty-seven year old homemaker, was struck by a vehicle operated by Carolyn Smaller and owned by The Goldbrick Co., Inc. Viola died a short time after the accident, leaving as survivors an elderly husband and two adult sons. On November 9, 1982, the administrator of the decedent's estate commenced wrongful...

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