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MILLER v. HELLMAN

433 Pa.Super. 539 (1994)

641 A.2d 592

Hiram H. MILLER and Martha Miller, Appellees, v. Virginia B. HELLMAN and John O. Stein, II, Co-Executors of the Estate of Sarah E. Stettler, Appellees. Appeal of Virginia B. HELLMAN and John O. Stein, II, Appellants. Hiram H. and Martha MILLER, Husband and Wife, Appellants, v. Virginia B. HELLMAN and John O. Stein, II, Co-Executors of the Estate of Sarah E. Stettler, Appellees.

Superior Court of Pennsylvania.

Filed April 8, 1994.

Reargument or Reconsideration Denied June 8, 1994.

Attorney(s) appearing for the Case

Karl R. Hildabrand, Pittsburgh, for appellants (at 438) and appellees (at 484).

David L. Lutz, Harrisburg, for appellants (at 484) and appellees (at 438).

Before CAVANAUGH, McEWEN and DEL SOLE, JJ.

DEL SOLE, Judge:

This is an appeal by Hiram and Martha Miller from an Order denying their petition for delay damages under Rule 238 of the Rules of Civil Procedure. We reverse and remand for an evidentiary hearing.

On December 24, 1987, Hiram Miller and Sarah E. Stettler were in a motor vehicle accident on Routes 11 and 15 in Penn Township, Perry County, Pennsylvania. As a result of the accident, Ms. Stettler died and Mr. Miller sustained serious injuries...

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