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MILICEVICH v. PATERLINE (04/22/57)

April 22, 1957

MILICEVICH
v.
PATERLINE, APPELLANT.



Appeals, Nos. 83, 84, 85, 86, 87, and 88, March T., 1957, from judgments of Court of Common Pleas of Westmoreland County, Oct. T., 1955, No. 16; Oct. T., 1955, No. 4, July T., 1954, No. 277, in cases of Stephen G. Milicevich et al. v. Melvin Paterline et al. Judgments affirmed.

COUNSEL

Avra N. Pershing, Jr., with him Henry B. Waltz, Jr., for appellant.

Robert B. Mitinger, with him Mitinger & Mitinger, for appellee.

Dennis C. Harrington, with him James P. McArdle, for appellees.

Paul M. Robinson, for appellee.

Before Jones, C.j., Bell, Chidsey, Musmanno, Arnold, Jones and Cohen, JJ.

Author: Musmanno

[ 388 Pa. Page 347]

OPINION BY MR. JUSTICE MUSMANNO

On December 3, 1953, a bright and clear day, at about 4:30 p.m., Dorothy Milicevich, 9 years of age, and her little companion Tommy Sherbondy, 7 years of age, on their way home from the neighborhood store, were walking in a southwardly direction on the grass berm adjoining Legislative Route 64123 in South Huntington Township, Westmoreland County, when the boy's grandfather, Lloyd Sherbondy, drove up in a Chevrolet car. He stopped to pick up Tommy and, to do so, took his car as far off the highway as the embankment on the other side permitted. Tommy crossed the road, boarded the Chevrolet car, and with his grandfather exited from the tragedy which was quickly to follow. Dorothy continued on her journey. During

[ 388 Pa. Page 348]

    this while, two other boys: her brother, Stephen, 7 years old, and Kenneth McGuffey, 6 years of age, were walking toward her on the same side of the road - also on the berm. When Dorothy was still about 19 feet from the boys, an Oldsmobile car, being speedily driven by Melvin Paterline in a northwardly direction, bore down from his lane of travel to the other side of the road, mounted the berm, and crashed into the three children, killing Kenneth and injuring Dorothy and Stephen.

In the ensuing lawsuits, which were all tried together, the jury returned verdicts against Paterline as follows:

1. In favor of Kenneth McGuffey, administrator of the Estate of Kenneth McGuffey, Jr., $610.85 under the Wrongful Death Act and ...


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