BARTELL BY UNDERHILL v. STRAUB


134 Pa.Commw. 43 (1990)

578 A.2d 72

Edward Gleason BARTELL, Jr., a minor, by Karl R. UNDERHILL, his guardian, and Edward G. Bartell, Sr., and Patricia L. Bartell, his wife, individually, Appellants, v. Barry L. STRAUB and Commonwealth of Pennsylvania, Department of Transportation, Appellees.

Commonwealth Court of Pennsylvania.

Decided July 13, 1990.

Reargument Denied August 31, 1990.


Attorney(s) appearing for the Case

David B. Dowling, with him, Kathleen J. Haynes, Rhoads & Sinon, Harrisburg, and H. William Koch, Koch & Faust, Milton, for appellants.

Mark E. Morrison, Deputy Atty. Gen., with him, Stephen E. Geduldig, Deputy Atty. Gen., and Mark E. Garber, Chief of Torts Litigation Section, for appellees.

Before COLINS, PALLADINO and McGINLEY, JJ.


McGINLEY, Judge.

Edward Gleason Bartell, Jr. (Eddie) and his parents (collectively Appellants) have appealed from an order of the Court of Common Pleas of Snyder County (trial court), dated June 13, 1989, denying Appellants' motion to remove the nonsuit granted after the presentation of Appellants' case to the jury but before deliberations began. We affirm.

Appellants initiated the present action by filing a complaint in the trial court alleging that, on March...

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