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GEORGE E. BROWER v. BERLO VENDING CO. (04/13/78)

decided: April 13, 1978.

GEORGE E. BROWER, APPELLANT,
v.
BERLO VENDING CO., POCONO INTERNATIONAL RACEWAY, INC., CONCERT TEN, INC., ISLAND HELICOPTER, INC. AND NEW YORK AIRWAYS



COUNSEL

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.

Author: Spaeth

[ 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:

No. 660 August

Term 1973, Philadelphia

County

George E. Brower v.

Berlo Vending Company

8/28/73 Summons in trespass/assumpsit

6/20/74 Complaint

7/3/74 Writ to join Concert, Airways,

Helicopter, Raceway

[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'

     motion for change

     of venue denied and that plaintiff's

     counsel is to enter a

     voluntary discontinuance

9/10/74 Plaintiff voluntarily discontinues

[ 254 Pa. Super. Page 405]

No. 5059 September Term

1973, Philadelphia ...


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