Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

ROBERT C. FURMAN v. ELIO FRANKIE (08/01/79)

August 1, 1979

ROBERT C. FURMAN, ADMINISTRATOR OF THE ESTATE OF DELORIS JEAN FURMAN, DECEASED, APPELLANT,
v.
ELIO FRANKIE, MARGARET FRANKIE, ALVERDA MILLER, AND HELEN YOWONSKI, INDIVIDUALLY AND JOINTLY, AND T/A ROCKY'S TAVERN. ROBERT C. FURMAN, ADMINISTRATOR OF THE ESTATE OF DELORIS JEAN FURMAN, DECEASED, APPELLANT, V. CITY OF CONNELLSVILLE



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.

COUNSEL

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.

Author: Van Der Voort

[ 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.