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STRANKO v. SUGERMAN (12/12/63)

December 12, 1963

STRANKO
v.
SUGERMAN, APPELLANT.



Appeal, No. 3, Feb. T., 1964, from judgment of Court of Common Pleas of Lackawanna County, Sept. T., 1961, No. 733, in case of Michael Stranko et al. v. Marty Sugerman. Judgment affirmed.

COUNSEL

Robert P. Casey, for appellant.

William Zacharellis, for appellee.

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

Author: Ervin

[ 202 Pa. Super. Page 366]

OPINION BY ERVIN, J.

In this trespass case Michael and Marjorie Stranko, husband and wife, sued for injuries sustained by the wife-plaintiff on December 4, 1960 and obtained a verdict against the defendant, Marty Sugerman. After refusing a motion for judgment n.o.v., judgment was entered on the verdict. The defendant appealed.

The verdict of the jury having been in favor of plaintiffs, the plaintiffs are entitled to the benefit of all facts and inferences reasonably following from the testimony: Ashcraft v. C. G. Hussey and Co., 359 Pa. 129, 58 A.2d 170. So considered the facts are as follows:

On the night of December 4, 1960, at about eleven o'clock, plaintiff, Mr. Stranko, was getting into her automobile, which was stopped facing west on the

[ 202 Pa. Super. Page 367]

    northerly side of Deacon Street in Scranton at a distance approximately 40 feet east of the intersection of Deacon Street and Sanderson Avenue. She had just purchased groceries at a store located at the northeast corner of that intersection. Upon returning to her car, she crossed in front of it, after observing no traffic coming in either direction. She then passed along the left front end of her car until she reached the driver's door and opened it "just enough for me to clear it, to get in," deposited her groceries to the rear of the driver's seat, it being a two-door car. She then proceeded to enter, placing her right foot in the car while facing forward, after which an impact against the door threw her into an upright sitting position behind the steering wheel with the severed portion of her right ear in her lap.

The defendant, Marty Sugerman, had been traveling south on Sanderson Avenue and made a left turn eastwardly into Deacon Street. As defendant proceeded east along Deacon Street, which was 25 feet wide, he struck the driver's door of plaintiff's car while it was slightly ajar, and had been so while to Sugerman car traveled at least 15 feet before striking it. Defendant heard a slight noise, which made him pull over and stop his car and go over to see if Mrs. Stranko needed any help. The contact caused a dent a little below the handle of the door on the driver's side.

The defendant's first contention is that the plaintiffs have failed to prove that defendant's negligence was the proximate cause of the wift-plaintiff's injuries. He first argues that the plaintiffs have failed to prove that the defendant's vehicle struck plaintiff's vehicle. Under all the circumstances in the case, the jury could ...


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