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GILBERT v. CONSOLIDATED RAIL CORP.

154 Pa.Commw. 249 (1993)

623 A.2d 873

Max I. GILBERT, D.O. and Roberta P. Gilbert, Administrators of the Estate of David S. Gilbert, Deceased and Max I. Gilbert, D.O. and Roberta P. Gilbert, In Their Own Right, Appellants, v. CONSOLIDATED RAIL CORPORATION. Max I. GILBERT, D.O. and Roberta P. Gilbert, Administrators of the Estate of David S. Gilbert, Deceased and Max I. Gilbert, D.O. and Roberta P. Gilbert, In Their Own Right, Appellants, v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY.

Commonwealth Court of Pennsylvania.

Decided March 16, 1993.

Reargument Denied May 17, 1993.

Attorney(s) appearing for the Case

Thomas R. Hurd, for appellant.

Janice L. Kolber, for appellee, Consol. Rail Corp.

Before PALLADINO and FRIEDMAN, JJ., and SILVESTRI, Senior Judge.

PALLADINO, Judge.

Appellants, Max and Roberta Gilbert (Gilberts), appeal the order of the Court of Common Pleas of Philadelphia County (trial court) which granted appellee, Consolidated Rail Company's (Conrail) motion for summary judgment. We reverse and remand to the trial court for further proceedings.

The Gilberts filed a wrongful death and survival action against Southeastern Pennsylvania Transportation Authority (SEPTA) and Conrail seeking damages for...

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