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BORING v. LAMARCA

435 Pa.Super. 487 (1994)

646 A.2d 1199

Harrison A. BORING, Administrator of the Estate of David Paul Boring, Deceased, Appellant, v. Linda L. LAMARCA, Robert H. Leonard and the Penn Monroe, v. T.J.R., INC., T/D/B/A Sorry Charlies, Top Charlies, New York, New York and Tom & Jerrys Inc., Appellees.

Superior Court of Pennsylvania.

Filed August 24, 1994.

Petition for Allowance of Appeal Denied December 7, 1994.

Attorney(s) appearing for the Case

Jan C. Swensen, Pittsburgh, for appellant.

Templeton Smith, Jr., Pittsburgh, for Motorists Mut. Ins., participating party.

Before POPOVICH, SAYLOR and HOFFMAN, JJ.

POPOVICH, Judge.

The appellant, Harrison A. Boring, Administrator of the Estate of David Paul Boring, deceased, appeals the order of the Court of Common Pleas of Allegheny County granting a new trial to the appellee/garnishee, Motorists Mutual Insurance Company. We reverse.

The facts relevant to a disposition of this case appears in the opinion of the court below at pages 1-2; to-wit:

The case is a wrongful death and survival action arising out of...

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