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JOHN A. DIETTERLE AND ARLENE P. DIETTERLE v. JAMES F. HARDING (08/08/80)

filed: August 8, 1980.

JOHN A. DIETTERLE AND ARLENE P. DIETTERLE, HUSBAND AND WIFE, AND JOHN P. DIETTERLE, A MINOR, BY HIS PARENTS AND NATURAL GUARDIANS, JOHN A. DIETTERLE AND ARLENE P. DIETTERLE, IN THEIR OWN RIGHT
v.
JAMES F. HARDING, AND JAMES D. MORRISSEY, INC., AND BENSALEM TOWNSHIP, TWO CASES. APPEAL OF BENSALEM TOWNSHIP. APPEAL OF JAMES D. MORRISSEY, INC.



No. 336 October Term, 1978, No. 365 October Term, 1978, Appeal from the Judgment of the Court of Common Pleas, Philadelphia County, Trial Div., Law, Entered October 28, 1977 at No. 1124, June Term, 1971, Trespass Action

COUNSEL

James D. Wilder, Philadelphia, for Bensalem Tp.

G. Taylor Tunstall, Philadelphia, for Dietterle, appellees.

Joseph M. Hankins, Philadelphia, for Harding, appellee.

William J. McKinley Jr., Philadelphia, for Morrissey.

Hester, Hoffman and Catania, JJ.*fn* Hoffman, J., concurs in result.

Author: Catania

[ 279 Pa. Super. Page 532]

This is an appeal from a verdict entered in favor of plaintiffs and defendant James F. Harding, and against

[ 279 Pa. Super. Page 533]

    defendants James D. Morrissey, Inc., and Bensalem Township.

This case arose out of an automobile accident on the evening of January 4, 1970 involving the appellant, Harding, and the appellees on Street Road in Bensalem Township, Bucks County.

At the point of collision, the highway narrowed from a new four-lane structure, to an older two-lane road with a sharp left turn required to be made at that juncture. At that point in the road, there was an earthen embankment, which the Harding car collided with before striking the Dietterle car.

Appellant Morrissey had contracted with the Pennsylvania Department of Transportation to construct approximately 4392 linear feet of separated highway consisting of reinforced cement concrete pavement 24 feet wide on each side of a paved median 4 feet, 19 feet and variable in width including one composite steel multi-girder bridge superstructure; also one prestressed concrete bridge having a total overall length of 82 feet and 858 linear feet of highway. The project covered approximately one ...


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