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VESCIO v. RUBOLINO (01/15/69)

decided: January 15, 1969.

VESCIO
v.
RUBOLINO, APPELLANT



Appeals from judgment of Court of Common Pleas of Allegheny County, April T., 1964, Nos. 61, 2558 and 3474, in cases of Richard J. Vescio v. Elizabeth K. Rubolino et al.; Elizabeth K. Rubolino et al. v. Ronald A. Corso et al.; and Ronald A. Corso, a minor, by his parent and natural guardian, Dominick Corso, et al. v. Elizabeth K. Rubolino.

COUNSEL

Theodore M. Tracy, with him Arthur G. Stein, and Stein and Winters, and Stokes, Lurie & Tracy, for appellant.

Charles Kirshner, with him Rosenberg & Kirshner, for appellee.

Earl J. Cavanaugh, with him Evans, Ivory & Evans, for appellee.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Eagen. Mr. Justice Musmanno did not participate in the decision of this case.

Author: Eagen

[ 433 Pa. Page 254]

On November 29, 1963, an automobile operated by Elizabeth K. Rubolino and owned by her husband, Anthony J. Rubolino, collided in Kennedy Township, Allegheny County, with an automobile operated by Ronald A. Corso and owned by his father, Dominick Corso. Several actions for damages resulted and were eventually consolidated in one trial. A passenger in the Corso automobile, Richard J. Vescio, who suffered severe personal injuries was awarded a verdict in the sum of $80,000 against the operators of both vehicles, namely, Elizabeth K. Rubolino and Ronald A. Corso. Dominick Corso was awarded a verdict against Elizabeth K. Rubolino for the damage to his automobile. Anthony J. Rubolino was awarded a verdict against Ronald A. Corso for the damage to his automobile. In the actions seeking recovery for injuries suffered by

[ 433 Pa. Page 255]

Elizabeth K. Rubolino and Ronald A. Corso, the claims were denied and verdicts returned for the defendants. Judgments were entered on the verdicts and Elizabeth K. Rubolino appeals.*fn1

Immediately before the collision the Rubolino automobile was traveling south on Route 51, an improved two lane highway. The Corso automobile was traveling north on Coreopolis Road, also a two lane improved highway which runs into Route 51 and terminates at that point. At the jointure of the two roads, there is a stop sign on Coreopolis Road. Also at the jointure, Route 51 begins a sweeping curve to the east (or to the left of the driver of an automobile traveling in a southerly direction); the curve, at its widest point, has a 90 degrees angle. Coreopolis Road runs into Route 51 from almost a straight line and at the jointure appears to be a continuation of Route 51.

Ronald A. Corso testified in part that he stopped his automobile completely at the stop sign on Coreopolis Road; that there was then no traffic in sight on Route 51; that he caused his automobile to pull out slowly from Coreopolis Road onto Route 51, intending to proceed in a northerly direction; that he then for the first time saw the Rubolino automobile approaching, but that he did not stop or alter his course because no signal was given by the Rubolino automobile signifying that it intended to turn east, or left, and that he assumed it would proceed in a straight direction onto Coreopolis Road; that the Rubolino automobile suddenly and, without prior warning, turned east while he was still in the intersection and the collision occurred.

[ 433 Pa. Page 256]

Elizabeth K. Rubolino's version of the occurrence varied substantially. She stated that she approached the road jointure to the rear of two other automobiles; that these automobiles proceeded from Route 51 onto Coreopolis Road; that as she neared the jointure, she saw the Corso automobile approaching on Coreopolis Road at a speed of 25 miles an hour and at a distance of about 40 feet from the intersection, and assumed it would stop at the stop sign; that she turned on the automobile's hand signal signifying an intention to ...


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