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FELTOVICH v. SHARON (11/28/62)

November 28, 1962

FELTOVICH
v.
SHARON, APPELLANT.



Appeal, No. 194, March T., 1962, from order of Court of Common Pleas of Mercer County, Sept. T., 1959, No. 121, in case of John Feltovich and Mary Helen Feltovich v. City of Sharon. Order affirmed.

COUNSEL

Philip E. Brockway, with him Brockway & Brockway, for appellant.

Donald R. McKay, with him Martin E. Cusick, and Wiesen, Cusick, Madden, Joyce, Acker and McKay, for appellees.

Before Bell, C.j., Musmanno, Jones, Eagen, O'brien and Keim, JJ.

Author: Keim

[ 409 Pa. Page 314]

OPINION BY MR. JUSTICE KEIM

This is an appeal from the order of the Court of Common Pleas of Mercer County. The said court

[ 409 Pa. Page 315]

    granted the plaintiffs-appellees' motion for a new trial on the basis that the verdict was against the weight of the evidence.

The pertinent facts in this trespass action which are relevant to this appeal are as follows: The accident out of which this action arose occurred on October 20, 1958 at an intersection in the City of Sharon, Mercer County, Pennsylvania. The two vehicles involved were stopped for a red light, one behind the other and both were faced slightly uphill in the same direction. The first vehicle was a truck owned by the City of Sharon and operated by one of its employes, Ernest Iannelli. Immediately behind this truck was an automobile owned by John Feltovich, one of the plaintiffs, and operated by his wife, Mary Feltovich, the other plaintiff. While the vehicles were in a stopped position, the driver of the truck received a call on a two-way radio in the truck. During the ensuing conversation the driver released the foot brake causing the truck to drift back into the Feltovich automobile.

This collision caused $32.85 damage to the automobile and Mrs. Feltovich alleged that the impact threw her forward against the steering wheel. Mrs. Feltovich was four months pregnant at the time. The testimony reveals that the prospective mother was seriously upset over the accident, however, this incident had no apparent adverse effect on the birth of the child. Mrs. Feltovich also alleges injury to her back which was finally diagnosed as a herniated disc. Some of the medical testimony implies that this serious spinal injury may have been caused by childbirth rather than the accident.

This trespass action was instituted to recover for Mrs. Feltovich's personal injuries and the property damage incurred to Mr. Feltovich's automobile. The jury returned a verdict for the defendant, ...


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