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GAJKOWSKI v. INTERN. BRO. OF TEAMSTERS

519 Pa. 320 (1988)

548 A.2d 533

Ronald and Frances GAJKOWSKI, Robert Schipske, and William and Jean Abate, Appellants, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA and Highway Truck Drivers and Helpers Local Union No. 107, Appellees.

Supreme Court of Pennsylvania.

Decided September 28, 1988.

Attorney(s) appearing for the Case

Gregory T. Magarity, Philadelphia, for appellants.

Thomas W. Jennings, William J. Einhorn, Albert A. Ciardi, Jr., Philadelphia, for appellees.

Louis B. Kushner, Pittsburgh, for amicus — Team. Joint Council No. 40 of Pittsburgh.

Richard Markowitz, R. David Walk, Philadelphia, for amicus — Pa. Conference of Teamsters.

Jerome H. Gerber, Irwin W. Aronson, Harrisburg, for amicus — Pa. AFL-CIO.

Bernard N. Katz, Philadelphia, for amicus — Philadelphia Bldg. & Const. Trades Council.

Alaine S. Williams, Philadelphia, for amicus — Council 13, etc.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and STOUT, JJ.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

PAPADAKOS, Justice.

When the case was first decided on the majority opinion of Mr. Justice Hutchinson, I was a member of the 4-3 majority which held the local union accountable in damages for serious injuries inflicted upon the plaintiffs on the strike line. I joined the opinion which coincided with my view of negligence law which provides protection to those injured from tortfeasors under basic common law principles...

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