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GARDNER v. ERIE INS. CO.

456 Pa.Super. 563 (1997)

691 A.2d 459

Lorren R. GARDNER, Appellant, v. ERIE INSURANCE COMPANY.

Superior Court of Pennsylvania.

Filed February 5, 1997.

Reargument Denied April 14, 1997.

Attorney(s) appearing for the Case

Vincent J. Barbera, Somerset, for appellant.

James B. Courtney, Somerset, for appellee.

Before HUDOCK, FORD ELLIOTT, and HESTER, JJ.

FORD ELLIOTT, Judge:

In this appeal, we are asked to decide whether the trial court erred when it granted appellee Erie Insurance Company's motion for judgment on the pleadings. Finding error, we reverse.

The facts, about which there is no disagreement, can be briefly stated. On October 23, 1994, appellant Lorren Gardner (Gardner) was injured when the car he was driving was hit by a phantom vehicle. Gardner was driving a 1990 Geo Metro owned by Gardner's co...

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