PRITTS v. WALTER LOWERY TRUCKING COMPANY

Civ. A. No. 74-1241.

400 F.Supp. 867 (1975)

Bertrum G. PRITTS, Executor of the Estate of Annabelle Sunderland Pritts, Plaintiff, v. WALTER LOWERY TRUCKING COMPANY, Defendant, v. Dennis L. MERREY, Third-Party Defendant.

United States District Court, W. D. Pennsylvania.

September 3, 1975.


Attorney(s) appearing for the Case

Belin, Belin & Naddeo, Clearfield, Pa., for plaintiff.

Dickie, McCamey & Chilcote, Pittsburgh, Pa., for defendant.

Wayman, Irvin, Trushel & McAuley, Pittsburgh, Pa., for third-party defendant.


OPINION AND ORDER

SNYDER, District Judge.

The Court in this diversity action has before it a Motion for Partial Summary Judgment filed by the Plaintiff to eliminate the defense of contributory negligence and assumption of risk by reason of the failure to wear a seat belt.

An accident occurred at the intersection of Interstate 80 and Pennsylvania Route 897 in Lawrence Township, Clearfield County, Pennsylvania, and the Decedent, a passenger in an automobile...

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