THOMAS v. THE CITY OF PHILADELPHIA


804 A.2d 97 (2002)

Marvin THOMAS and Jacqueline Smith, h/w and Margaret Baldino and Diane DePew, Individually and as Administratrix of the Estate of Jennifer DePew, her daughter, deceased and Ruby Goode-Henry, Individually and as Administratrix of the Estate of Racquel R. Burnett, her daughter, deceased v. The CITY OF PHILADELPHIA and Officer Jay Bigle and Linda Lockwood, as administratrix of the Estate of Joseph Ross. Appeal of Ruby Goode-Henry, Individually and as Administratrix of the Estate of Racquel R. Burnett, her daughter, Deceased. Marvin Thomas and Jacqueline Smith, h/w, and Margaret Baldino and Diane P. DePew, Individually and as Administratrix of the Estate of Jennifer Lynn DePew, her daughter, deceased and Ruby Goode-Henry, Individually and as Administratrix of the Estate of Racquel R. Burnett, her daughter, deceased v. City of Philadelphia, Police Officer Jay Bigle, Sgt. Jodi Schwarzl and Linda Lockwood, Administratrix of the Estate of Joseph Ross, deceased. Appeal of Linda Lockwood. Marvin Thomas and Jacqueline Smith, h/w, and Margaret Baldino and Diane P. DePew, Individually and as Administratrix of the Estate of Jennifer Lynn DePew, her daughter, deceased and Ruby Goode-Henry, Individually and as Administratrix of the Estate of Racquel R. Burnett, her daughter, deceased v. City of Philadelphia, Police Officer Jay Bigle, Sgt. Jodi Schwarzl and Linda Lockwood, Administratrix of the Estate of Joseph Ross, deceased. Appeal of Jodi Schwarzl.

Commonwealth Court of Pennsylvania.

Decided June 28, 2002.


Attorney(s) appearing for the Case

Ruben Honik, Philadelphia, for appellant.

Jane L. Istvan, Philadelphia, foe appellees, J. Bingle, J. Schwarzl and the City of Philadelphia.

John M. DeFeo, Philadelphia, for appellee, L. Lockwood.

BEFORE: McGINLEY, Judge, LEAVITT, Judge, and MIRARCHI, Jr., Senior Judge.


Opinion by Judge LEAVITT.

This is an appeal1 from an Order of the Court of Common Pleas of Philadelphia (trial court) in a negligence and civil rights case. The Order entered judgment n.o.v. in favor of defendant Sergeant Jodi Schwarzl (Sergeant Schwarzl) and against the plaintiff, Ruby Goode-Henry, Administratrix of the Estate of Racquel R. Burnett; entered a judgment of non-suit in favor...

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