FLYNN v. CASA DI BERTACCHI CORP.


449 Pa.Super. 606 (1996)

674 A.2d 1099

Gardner FLYNN and Joan Flynn, h/w v. CASA DI BERTACCHI CORP., Appellant.

Superior Court of Pennsylvania.

Filed April 9, 1996.


Attorney(s) appearing for the Case

Curtis P. Cheyney, III, Stephen A. Search, Philadelphia, for appellant.

John Craynock, Westchester, for appellees.

Before CIRILLO, President Judge Emeritus, BECK, J., and CERCONE, President Judge Emeritus.


CIRILLO, President Judge Emeritus:

This is an appeal from an order denying a petition to open and/or strike a default judgment. We vacate the order and remand.

The present case involves claims by appellees, Gardner and Joan Flynn (collectively, the Flynns), arising out of injuries sustained when Mr. Flynn allegedly fell while working as a contractor at the Casa Di Bertacchi Corporation (Casa) food processing plant. The Flynns alleged that Casa had negligently...

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