VAN KIRK v. O'TOOLE


857 A.2d 183 (2004)

David VAN KIRK, Appellant, v. Michael O'TOOLE, Appellee.

Superior Court of Pennsylvania.

Reargument Denied September 30, 2004.


Attorney(s) appearing for the Case

John P. Goodrich, Pittsburgh, for appellant.

Joseph A. Hudock, Jr., Pittsburgh, for appellee.

Before: KLEIN, BENDER and BOWES, JJ.


OPINION BY KLEIN, J.

¶ 1 Plaintiff David Van Kirk was a passenger in a van stopped at a red light when hit from the rear by a full-size Chevrolet Cheyenne pick-up (with a snowplow hoist on the front) driven by defendant Michael O'Toole. There was damage to the doors of the van, including broken windows. Both sides agree that O'Toole was at fault and some injury was caused.

¶ 2 This is another case where it was conceded that there was some...

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