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WALTON v. AVCO CORP.

530 Pa. 568 (1992)

610 A.2d 454

Glenda C. WALTON, As Administratrix of the Estate of Dennis Earl McCracken and Glenda D. McCracken and Dana Marie McCracken, Minors, by Glenda C. Walton, their Parent and Natural Guardian v. AVCO CORPORATION and Summa Corporation. Maeburl TINCHER, As Administratrix of the Estate of Billy James Tincher and James Barry Tincher, Larry Bill Tincher, Kristie Leann Tincher, and Gregory Wayne Tincher, Minors, by Maeburl Tincher, their Parent and Natural Guardian and Maeburl Tincher In Her Own Right v. AVCO CORPORATION and Summa Corporation. Appeal of AVCO CORPORATION, at No. 138 and Summa Corporation, at 139, Appellants. Glenda C. WALTON, as Administratrix of the Estate of Dennis Earl McCracken and Glenda D. McCracken and Dana Marie McCracken, Minors, by Glenda C. Walton, their Parent and Natural Guardian, Appellants, v. AVCO CORPORATION and Summa Corporation. Maeburl TINCHER, As Administratrix of the Estate of Billy James Tincher and James Barry Tincher, Larry Bill Tincher, Kristie Leann Tincher, and Gregory Wayne Tincher, Their Parent and Natural Guardian and Maeburl Tincher In Her Own Right, Appellants, v. AVCO CORPORATION and Summa Corporation. Appeal of Maeburl TINCHER, et al., and Glenda C. Walton, et al., at No. 140.

Supreme Court of Pennsylvania.

Decided May 22, 1992.

Attorney(s) appearing for the Case

Brenda M. Flock, Anne C. Elwood and James J. Bee, Philadelphia, for Avco Corp.

Craig Smith, Newtown, for Maeburl Tincher, et al., and Glenda C. Walton, et al.

J. Bruce McKissock, Philadelphia, for Summa Corp.

W. Scott Campbell and John Edward Wall, Pittsburgh, for amicus, Pa. Defense Institute.

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

OPINION

NIX, Chief Justice.

The instant matter relates to cross-appeals that have been filed from an Order of the Superior Court which affirmed in part and reversed in part the Orders of the Court of Common Pleas of Philadelphia County and remanded these cases for further proceeding consistent with its opinion. The instant issues arise from the following factual matrix.

On September 1, 1978, Dennis Earl McCracken was piloting a helicopter near Robbinsville...

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