Anthony P. Baratta, Philadelphia, for appellant.
John J. O'Brien, Jr., Philadelphia, for appellee, New York Airways.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Watkins, former President Judge, did not participate in the consideration or decision of this case. Van der Voort, J., dissents.
[ 254 Pa. Super. Page 404]
On July 8, 1972, appellant was injured in an accident at the Pocono International Raceway, Monroe County, Pennsylvania. This appeal arises from his several attempts to sue one, some, or all of five defendants: Berlo Vending Company ("Berlo"), Pocono International Raceway, Inc. ("Raceway"), Concert Ten, Inc. ("Concert"), Island Helicopter, Inc. ("Helicopter"), and New York Airways ("Airways"). To sort out these attempts it will be helpful to start by outlining the docket entries:
8/28/73 Summons in trespass/assumpsit
7/3/74 Writ to join Concert, Airways,
[Additional defendants served]
7/29/74 Add'l defendant Airways'
motion for change of venue
Eodie Plaintiff's answer to motion
9/5/74 Ordered that add'l defendant Airways'
of venue denied and that plaintiff's
9/10/74 Plaintiff voluntarily discontinues
[ 254 Pa. Super. Page 405]