LOVRINOFF v. HELMS EXPRESS, INC.

Civ. A. Nos. 69-428, 429 and 560.

309 F.Supp. 145 (1970)

Hope Ann LOVRINOFF, a minor, by Michael P. Lovrinoff and Irene Lovrinoff, her guardians, parents and natural guardians, and Michael P. Lovrinoff and Irene Lovrinoff, in their own right, and Michael Lovrinoff as an individual, and Irene Lovrinoff as an individual, and Michael P. Lovrinoff, as the husband of Irene Lovrinoff, Plaintiffs, v. HELMS EXPRESS, INC., a Pennsylvania corporation also known as Helms International Inc., U. S. A., a Pennsylvania corporation, Nevin C. Deist, an individual, Stabler Construction Company, Inc., a Pennsylvania corporation, James Moorhead, an individual, the Pennsylvania Turnpike Commission, the Russell Standard Company, Inc., a Pennsylvania corporation, Defendants and Third-Party Plaintiffs, v. Wilfred L. KUNZE, Jr., Administrator of the Estate of Lilly Rose Kunze, Deceased, and Michael P. Lovrinoff, Third-Party Defendants. Mary MADACSI, Plaintiff, v. HELMS EXPRESS, INC., a Pennsylvania corporation also known as Helms International Inc., U. S. A., a Pennsylvania corporation, Nevin C. Deist, an individual, Stabler Construction Company, Inc., a Pennsylvania corporation, James Moorhead, an individual, the Pennsylvania Turnpike Commission, the Russell Standard Company, Inc., a Pennsylvania corporation, Defendants and Third-Party Plaintiffs, v. Wilfred L. KUNZE, Jr., Administrator of the Estate of Lilly Rose Kunze, Deceased, and Michael P. Lovrinoff, Third-Party Defendants. Wilfred L. KUNZE, Jr., Administrator of the Estate of Lillie Rose Kunze, Deceased, and Wilfred L. Kunze, Jr., Administrator of the Estate of Patricia Kunze, Deceased, and Wilfred L. Kunze, Jr., Administrator of the Estate of Michelle Denise Kunze, Deceased, and Wilfred L. Kunze, Jr., Administrator of the Estate of Diane Cheryl Kunze, Deceased, Plaintiffs, v. STABLER CONSTRUCTION COMPANY, Inc., a Pennsylvania corporation, James Moorhead, an individual, the Pennsylvania Turnpike Commission, and the Russell Standard Company, Inc., a Pennsylvania corporation, Defendants and Third-Party Plaintiffs, v. HELMS EXPRESS, INC., a Pennsylvania corporation, also known as Helms International, Inc., U. S. A., a Pennsylvania corporation, Third-Party Defendant.

United States District Court, W. D. Pennsylvania.

January 20, 1970.


Attorney(s) appearing for the Case

Meffe & Ober, Greensburg, Pa., for Hope Ann Lovrinoff, Mary Madacsi, Wilfred L. Kunze, Jr., Administrator, and others.

Egler, McGregor & Reinstadtler, Pittsburgh, Pa., for Russell Standard Co., Inc.

Dickie, McCamey & Chilcote, Pittsburgh, Pa., for Helms Express, Inc., a Pennsylvania Corp., a/k/a Helms International Inc., U. S. A., a Pennsylvania Corp. and Nevin C. Deist.

Brandt, Riester, Brandt & Malone, Pittsburgh, Pa., for Pennsylvania Turnpike Commission and James Moorhead.

Stein & Winters, Pittsburgh, Pa., for Stabler Const. Co.

Weis & Weis, Pittsburgh, Pa., for Wilfred L. Kunze, Jr., Administrator.

Meyer, Darragh, Buckler, Bebenek & Eck, Pittsburgh, Pa., for Michael P. Lovrinoff.


OPINION

GOURLEY, District Judge.

These are three diversity actions all of which are based on negligence and arise out of a tragic accident occurring on the Pennsylvania Turnpike, wherein allegedly four persons were killed, one received permanent physical injury, one received severe and possibly permanent psychic injury, and another was seriously injured. In each action, the respective plaintiffs have joined as...

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