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VON DER STUCK v. APCO CONCRETE, INC.

779 A.2d 570 (2001)

Mark VON DER STUCK and Linda Von Der Stuck, Husband and Wife, Appellants v. APCO CONCRETE, INC., Ramsey Winch and Autocrank Co., A/K/A Ramsey Winco Co., Lift-All Company, Inc., Keystone Truck Equipment Co., and Catania Engineering Associates, Inc., Appellees

Superior Court of Pennsylvania.

Filed June 25, 2001.

Reargument Denied August 30, 2001.

Attorney(s) appearing for the Case

Michael V. Tinari, Philadelphia, for appellants.

James D. Cella, Media, for Apco Concrete, appellee.

Mark R. Bosniak, Philadelphia, for Keystone Truck Equipment, appellee.

Debra L. Slifkin, Philadelphia, for Randy Winch, appellee.

Before: DEL SOLE, President Judge, MONTEMURO and KELLY, JJ.

DEL SOLE, President Judge:

¶ 1 Appellants, Mark and Linda Von Der Stuck, appeal from the judgment entered against them following the denial of their post-trial motions. Upon review, we reverse.

¶ 2 The trial court summarized the facts of this strict liability and negligence action as follows:

Plaintiff, Mark Von Der Stuck, was injured on November 8, 1995, near the Ridley Township garage facility...

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