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PALMER v. PENN-OHIO ROAD MATERIALS, INC.

Civ. A. Nos. 77-994, 78-325.

470 F.Supp. 1199 (1979)

Loran D. PALMER and Brenda M. Palmer, husband and wife, and Arthur Stewart, Administrator of the Estate of Esther Stewart, Deceased, Plaintiffs, v. PENN-OHIO ROAD MATERIALS, INC., Defendant and Third-Party Plaintiff, v. SPECTOR FREIGHT SYSTEMS, INC., Defendant, v. Loran D. PALMER, Third-Party Defendant, and L. G. Kisseleff, W. C. Moffit, J. P. Iacino, Jack Bestwick, and G. L. Pellegrini, Third-Party Defendants. Loran D. PALMER and Brenda M. Palmer, husband, wife, and Arthur Stewart, Administrator of the Estate of Esther Stewart, Deceased, Plaintiffs, v. L. G. KISSELEFF, W. C. Moffit, J. P. Iacino, Jack Bestwick and G. L. Pellegrini, Defendants.

United States District Court, W. D. Pennsylvania.

May 21, 1979.

Attorney(s) appearing for the Case

Robert S. Garrett, Pittsburgh, Pa., for Penn-Ohio Road Materials, Inc.

Gary F. Sharlock, Pittsburgh, Pa., for third-party defendant Palmer.

Herbert B. Conner, Pittsburgh, Pa., for Spector Freight Systems, Inc.

Michael W. Bolechowski, Asst. Atty. Gen., Harrisburg, Pa., for third-party defendant Kisseleff et al.

OPINION

ZIEGLER, District Judge.

I. History of Case

This wrongful death, survival and personal injury action arises out of a vehicular collision which occurred on March 27, 1976, on Interstate 80, Mercer County, Pennsylvania. The roadway is a four-lane highway with two eastbound and two westbound lanes of travel separated by a medial strip.

Plaintiff, Loran D. Palmer, was operating a motor vehicle with passengers in a westerly direction...

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