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MARKS v. NATIONWIDE INS. CO.

762 A.2d 1098 (2000)

Patricia A. MARKS, Administratrix of the Estate of Donald L. Marks, Deceased, and Patricia Marks, In her own right Mary Lou Swayne, Administratrix of the Estate of Walter F. Merriman, Appellants, v. NATIONWIDE INSURANCE COMPANY, Appellee.

Superior Court of Pennsylvania.

Filed November 13, 2000.

Attorney(s) appearing for the Case

Andrew J. Leger, Pittsburgh, for appellants.

Stephen J. Polijak, Pittsburgh, for appellee.

BEFORE: HUDOCK, MUSMANNO and HESTER, JJ.

HESTER, J.:

¶ 1 Patricia Marks, administratrix of the estate of Donald Marks, appeals from the grant of Appellee's preliminary objections in the nature of a demurrer in this civil action. We affirm.

¶ 2 The facts are as follows. On May 18, 1991, Donald Marks was operating a tractor owned and maintained by Walter Merriman. The brakes on the tractor failed, and the vehicle subsequently overturned on an embankment, causing Mr. Marks's death. Appellant...

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