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GUZMAN v. BLOOM (03/17/64)

March 17, 1964

GUZMAN
v.
BLOOM, APPELLANT. SHANK V. BLOOM, APPELLANT.



Appeals, Nos. 259 and 260, Jan. T., 1963, from of Common Pleas No. 4 of Philadelphia County, Sept. County, June T., 1961, No. 5110, and Court of Common Pleas No. 4 of Philadelphia County, Sept. T., 1960, No. 687, in cases of Pedro L. Guzman v. Joseph Bloom; and Max Shank v. Joseph Bloom and Pedro L. Guzman. Judgments affirmed.

COUNSEL

Sheldon Tabb, for appellant.

John J. Runzer, with him Pepper, Hamilton & Scheetz, for appellee.

Hugh M. Odza, with him David Cohen and Leonard S. Wissow, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, O'brien and Roberts, JJ.

Author: O'brien

[ 413 Pa. Page 577]

OPINION BY MR. JUSTICE O'BRIEN

On August 24, 1960, two automobiles collided at the intersection of Fifteenth and Conlyn Streets in Philadelphia.

[ 413 Pa. Page 578]

One automobile was being operated by appellant and the other by appellee Guzman; appellee Max Shank was a passenger in appellant's car.

The accident resulted in two actions of trespass: one by Max Shank against Bloom, in which Bloom joined Guzman as additional defendant; and one by Guzman against Bloom. The cases were consolidated for trial and resulted in jury verdicts of $1,500 for Guzman in his action against Bloom, and $7,000 for Max Shank against Bloom only, the jury finding for Guzman in the additional party action.

Bloom filed motions for new trial and judgment n.o.v., all of which were denied, and judgments were entered on the verdicts of the jury; these appeals followed.

Since the oral argument, a suggestion of death of Max Shank was filed, together with a petition for leave to substitute Nathan Shank, Administrator c.t.a. of the Estate of Max ...


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