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THERESA ROSATO AND NICHOLAS ROSATO v. NATIONWIDE INSURANCE CO. AND DONALD C. DANIEL (02/16/79)

decided: February 16, 1979.

THERESA ROSATO AND NICHOLAS ROSATO, WIFE AND HUSBAND, APPELLANTS,
v.
NATIONWIDE INSURANCE CO. AND DONALD C. DANIEL



No. 725 October Term, 1978, Appeal from the Order entered December 21, 1977, by the Court of Common Pleas, Civil Action - Law, of Northampton County at No. 104 October Term, 1976.

COUNSEL

Joseph F. Leeson, Bethlehem, for appellants.

Gary S. Figore, Easton, for appellees.

Price, Hester and Hoffman, JJ. Hoffman, J., files a dissenting opinion.

Author: Hester

[ 263 Pa. Super. Page 342]

This trespass action arises as the result of an accident between a pedestrian and a motor vehicle in a residential neighborhood of Northampton County. The jury found both plaintiff and defendant negligent and hence verdict was entered for defendant. Plaintiff-pedestrian, and her husband,

[ 263 Pa. Super. Page 343]

    took this appeal and allege various errors in the court's charge and in permitting certain testimony. We find appellants' arguments without merit and will therefore affirm.

The facts were not complicated. The accident occurred in Bangor Borough on Richmond Avenue, a two-lane residential blacktop street running east and west. The road is bounded on both sides by homes, appellants' being on the north side about mid-block at number 459. Two lots to the east of appellants' house, Richmond Avenue is intersected by Wall Street, also a two-lane road, running north and south. A few lots to the west of appellants' home, Richmond Avenue makes a very sharp curve to the right and becomes Miller Street.

November 26, 1974 was a clear, cold day. At approximately 3:00 P.M. one Betty Lane was driving appellant Theresa Rosato home from their place of employment. Mrs. Lane approached from the west, coming onto Richmond Avenue from Miller Street. She pulled onto the right (south) berm of Richmond, across the street from number 459, and Mrs. Rosato alighted from the passenger side. Mrs. Lane then drove east toward Wall Street, intending to turn left. She noticed coming toward her in the westbound lane appellee Donald C. Daniel, operating a car owned by his employer, appellee Nationwide Insurance Company. Daniel passed Mrs. Lane at approximately 40 m. p. h.

Mrs. Rosato, meanwhile, after leaving the Lane vehicle, began crossing the street to reach her home. When she was half way across, she noticed Daniel's vehicle bearing down on her. She took a few steps into the westbound lane, turned and faced the car with her purse held up, and was struck. She sustained two broken legs, and was several months in recovering from her injuries.

Suit was instituted by Mrs. Rosato and her husband against Daniel and his employer. Trial lasted three days.

Because the jury found both driver and pedestrian negligent, it is appropriate to note ...


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