No. 418 April Term, 1978, No. 419 April Term, 1978, Appeals from Orders of the Court of Common Pleas, Civil Division, of Fayette County, at No. 353 June Term, 1973 and 278 September Term, 1973.
Michael Hahalyak, Pittsburgh, for appellant.
William M. Radcliffe, Uniontown, for appellees Elio Frankie and Margaret Frankie.
Paul V. Mahoney, Uniontown, for City of Connellsville.
Van der Voort, Spaeth and Montgomery, JJ.
[ 268 Pa. Super. Page 306]
These are actions filed respectively against the proprietors of a tavern, and against the City of Connellsville under the Wrongful Death Act and under the Survival Act. Under each Survival Act damages are claimed by reason of the death of the decedent and for pain and suffering preceding her death.
[ 268 Pa. Super. Page 307]
The cases were consolidated for jury trial. At the end of plaintiff's case as to liability Judge Munson, now retired, granted compulsory non-suits. A court en banc refused plaintiff's motion to remove the non-suits and plaintiff has appealed.
We reverse and remand for new trial.
The action against the tavern owners is founded principally upon a violation of the Dram Act and the Liquor Code; and assault and a fracas within the bar with consequent injury and death to plaintiff's decedent.
The action against the City is founded upon the failure of its police officer to provide medical and other needed care to decedent when she was arrested.
The plaintiff's case as to liability was developed through the testimony of decedent's sister, a niece, and a forensic chemist ...