KEMPER NATIONAL v. SMITH


419 Pa.Super. 295 (1992)

615 A.2d 372

KEMPER NATIONAL P & C COMPANIES and American Motorists Insurance Company as Subrogees of Rick Boyd and U.S. West Information Systems Inc., Appellants v. Kevin C. SMITH, D.C. and Kathy O. Smith, D.C. and the Ashton Village Chiropractic Health Center.

Superior Court of Pennsylvania.

Filed October 20, 1992.


Attorney(s) appearing for the Case

Leslie Martinelli-Cyr, Philadelphia, for appellants.

Alan S. Gold, Jenkintown, for appellees.

Before ROWLEY, President Judge, and HUDOCK and BROSKY, JJ.


BROSKY, Judge.

This is an appeal from the order of the lower court which sustained appellees' preliminary objections in the nature of a demurrer and dismissed appellants' complaint.

Before proceeding to address the issues raised by appellant, it is necessary to recount the relevant facts of this case. Craig Garsed and Rick Boyd, both residents of Arizona, were involved in an automobile accident on October 30, 1986 near Phoenix, Arizona. At the time of the...

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