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KACZKOWSKI v. BOLUBASZ

491 Pa. 561 (1980)

421 A.2d 1027

Theodore KACZKOWSKI, Administrator of the Estate of Eric K. Kaczkowski, Deceased, on behalf of the Estate of Eric K. Kaczkowski, Deceased, Appellant, v. John J. BOLUBASZ, Appellee.

Supreme Court of Pennsylvania.

Decided September 22, 1980.

Attorney(s) appearing for the Case

Seymour Sikov, Sikov & Love, Pittsburgh, for appellant.

Cosmos J. Reale, Warren D. Ferry, Pittsburgh, for appellee.

Stephen M. Feldman, Feldman & Feldman, Philadelphia, for amicus curiae Pa. Trial Lawyers.

EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.

OPINION

NIX, Justice.

Appellant instituted a complaint in trespass in Allegheny County Court of Common Pleas. The suit arose from an automobile accident in which the decedent, Eric K. Kaczkowski, was riding as a passenger in a vehicle operated by appellee. At the original trial of this matter, the jury established the liability of the appellee. Upon appellant's Motion For a New Trial, the case was returned to the...

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