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KRYWUCKI ET AL. v. TROMMER. (09/13/62)

September 13, 1962

KRYWUCKI ET AL., APPELLANTS,
v.
TROMMER.



Appeals, Nos. 144, 145, 146, and 147, Oct. T., 1962, from judgment of Court of Common Pleas of Montgomery County, April T., 1959, No. 302, in case of Karen Krywucki, a minor, by her natural guardian and parent, John Krywucki et al. v. Frederick Trommer, Jr. et al. Judgment affirmed.

COUNSEL

James E. Beasley, with him Sheldon L. Albert, John A. Kaufman, and Beasley & Ornsteen, and DeAngelis & Kaufman, for appellants.

Victor J. Roberts, with him High, Swartz, Roberts & Seidel, for appellee.

Harold W. Spencer, with him Wright, Spencer, Manning and Sagendorph, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Watkins

[ 199 Pa. Super. Page 148]

OPINION BY WATKINS, J.

These are appeals of Karen Krywucki, a minor, by her natural guardian and parent, John Krywucki, and John Krywucki, in his own right, from the judgment of the Court of Common Pleas of Montgomery County, in an automobile accident trespass case, entered on a verdict in favor of the minor plaintiff, in the amount of $1000, and in favor of her plaintiff-father, in the amount of $250, and against the defendant-appellee, Anthony Joseph Bocchino, Jr.; and from the denial by the Court below of their motion for a new trial. The verdict was in favor of Frederick Trommer, Jr., the other defendant-appellee.

The minor plaintiff was six years old at the time of the accident. She was injured when struck by a car driven by one of the defendants, Frederick Trommer, Jr. The accident happened on a warm, clear Sunday, May 6, 1957, at 7:00 p.m. It was still daylight. She was struck while crossing Bannockburn Avenue, in Ambler, Pennsylvania, on her way to a playground located on the south side of the avenue. She lived on the north side of the avenue in No. 255, one of the row of houses located there. The avenue is 29.6 feet wide and runs east and west. Cars are permitted to park on the north side of the avenue, and, at the time of the accident, were parked solidly along the north side curb.

Karen testified that she left her home at No. 255 and walked down to the pavement, and walked westwardly along the pavement to the location of No. 247 (this is a distance of 63 feet), where, she testified, she

[ 199 Pa. Super. Page 149]

    walked out into the street between the parked cars and behind the double parked car of Bocchino; that she looked both directions, saw nothing, started to cross the highway and was struck about two feet from the south curb.

The defendant Bocchino was proceeding eastwardly on the avenue and stopped to deliver a package at No. 247. In order to park, he crossed into the westbound traffic lane on the wrong side of the street, and double parked, facing east in front of No. 247. He went in to deliver the package and returned to his car in about ten minutes. He was parked about one foot from the parked car, and was about one and one-half feet over the center line.

While Bocchino was in his car getting ready to continue in an eastwardly direction, the defendant Trommer was already proceeding on the avenue in a westwardly direction. As he passed Karen's residence at No. 255 he observed her coming down the steps onto the pavement but did not see her thereafter until the accident. As Bocchino started to move his car he saw Trommer the middle line of the street, permitted straddling the middle line of the street, permitted Trommer to cross over into the eastern traffic lane in order to pass him. At this ...


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