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FRANCIS RICK FERRI v. DOMINICK ROSSETTI (01/24/79)

SUPREME COURT OF PENNSYLVANIA


decided: January 24, 1979.

FRANCIS RICK FERRI, APPELLANT,
v.
DOMINICK ROSSETTI, APPELLEE

Appeal No. 99 March Term, 1978, from the order of the Superior Court at No. 678 April Term, 1977, affirming the order of the Court of Common Pleas, Allegheny County at No. GD 76-20026 Civil Division.

Manderino, J., did not participate in the consideration or decision in this case. Roberts, J., filed a concurring opinion in which Larsen, J., joins.

Author: Per Curiam

[ 488 Pa. Page 117]

OPINION

Appellant, Francis Ferri, filed an action in state court alleging negligence on the part of appellee, Dominick Rossetti, an attorney who represented appellant in connection with a federal grand jury investigation. It was alleged that appellee misplaced a written agreement which would have conferred immunity upon appellant against criminal prosecution by federal authorities. The tort action was dismissed by the lower court en banc in response to appellee's preliminary objections. The Superior Court affirmed per curiam. Ferri v. Rossetti, 253 Pa. Super. 614, 384 A.2d 995 (1978). This Court agreed and affirmed. Ferri v. Rossetti, 483 Pa. 327, 396 A.2d 1193 (1979).

Subsequently, appellant's petition to the United States Supreme Court for issuance of writ of certiorari was granted. On January 8, 1980, the United States Supreme Court remanded the matter to this Court with instructions to dispose of the case in accordance with its ruling in Ferri v. Ackerman, 444 U.S. 193, 100 S.Ct. 402, 62 L.Ed.2d 355 (1979).

[ 488 Pa. Page 118]

We, therefore, reverse the order of the Court of Common Pleas of Allegheny County dismissing appellant's complaint, reinstate the action and remand the cause for disposition consistent with this Court's per curiam opinion in Ferri v. Ackerman, 488 Pa. 113, 411 A.2d 213 (1980).

ROBERTS, Justice, concurring.

I agree that in accordance with Ferri v. Rossetti, 444 U.S. 987, 100 S.Ct. 516, 62 L.Ed.2d 417 (1980) and Ferri v. Ackerman, 444 U.S. 193, 100 S.Ct. 402, 62 L.Ed.2d 355 (1979) the order of this Court in Ferri v. Rossetti, 483 Pa. 327, 396 A.2d 1193 (1979) (Roberts, J. dissenting, joined by Larsen, J.) should be reversed and the complaint of Dominick Rossetti reinstated for further proceedings on the merits.

19790124

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