URBAN v. RADICE CORP.


425 Pa.Super. 1 (1993)

624 A.2d 114

William H. URBAN, Jr., Appellee v. RADICE CORPORATION, a corporation; Radice Office Building One, Inc., a corporation; and Radice Management of Pennsylvania Corporation; a corporation v. Robert COLOSIMO d/b/a Public Parking of Pittsburgh Company, Appellant. William H. URBAN, Jr., Appellee v. RADICE CORPORATION, a corporation; Radice Office Building One, Inc., a corporation; and Radice Management of Pennsylvania Corporation, a corporation v. Robert COLOSIMO d/b/a Public Parking of Pittsburgh Co., Appellee. Appeal of RADICE MANAGEMENT OF PENNSYLVANIA CORPORATION.

Superior Court of Pennsylvania.

Filed March 8, 1993.

Reargument Denied May 19, 1993.


Attorney(s) appearing for the Case

Dara A. Decourcy, Pittsburgh, for Colosimo.

Herbert N. Rosenberg, Pittsburgh, for Urban.

Lynette Norton, Pittsburgh, for Radice Management.

Before TAMILIA, HUDOCK and HESTER, JJ.


PER CURIAM:

Judgment vacated. The matter is remanded for new trial. Jurisdiction relinquished.

Concurring and dissenting opinion by HESTER, J.

HESTER, Judge, concurring and dissenting.

I must respectfully dissent from the conclusion of my esteemed colleague that a new trial is warranted in this case. The majority has authored a well written adjudication, I believe, however, that the trial court did not abuse the wide discretion accorded it...

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