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J. KINDERMAN & SONS v. UNITED NAT. INS. CO.

406 Pa.Super. 37 (1991)

593 A.2d 857

J. KINDERMAN & SONS, INC., t/a Brite Star Manufacturing Company, Appellees, v. UNITED NATIONAL INSURANCE COMPANY and Lawrence Okoniewski, Jr., Administrator of the Estate of Christine Okoniewski, Deceased, and Lawrence A. Okoniewski, Jr., and Linda Okoniewski, as Individuals in Their Own Right, and Stanton Discount Pharmacy, Inc. and George Kellan, t/a Smyna Discount and/or Smyrna Discount Drugs and Nathan Schecter and Sons and J. Orman, Inc., and World Traders and Kiu Hung Industrial Co., Ltd. and the Wirkman Company and Republic Hogg Robinson of Pennsylvania, Inc. Appeal of UNITED NATIONAL INSURANCE COMPANY.

Superior Court of Pennsylvania.

Filed June 7, 1991.

Reargument Denied August 8, 1991.

Attorney(s) appearing for the Case

Frederick T. Lachat, Philadelphia, for appellant.

Roger F. Cox, Philadelphia, for appellees.

Before WIEAND, OLSZEWSKI and BROSKY, JJ.

OLSZEWSKI, Judge:

This is an appeal from an order granting summary judgment in favor of J. Kinderman & Sons, Inc. (hereafter "Kinderman") and against United National Insurance Company (hereafter "United") entered on July 2, 1990. This case arises from litigation commenced following Christine Okoniewski's death, which was caused by a plastic toy which lodged in her throat.

The facts of this case are as follows. On November 20, 1982, Christine Okoniewski...

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