No. 2093 October Term, 1978, No. 2437 October Term, 1978, No. 421 October Term, 1979, Appeals from Orders of the Court of Common Pleas of Montgomery County, Civil, No. 74-594.
William H. Kinkead, III, Norristown, for Eugene Ciarrocca, appellant in Nos. 2093 and 421 and appellee in No. 2437.
Edward Rubin, Lansdale, for Eugene and Jennie Ciarrocca, appellants in No. 2437 and appellees in Nos. 2093 and 421.
Richard T. Abell, Ambler, for Campbell, appellee.
Hester, Montgomery and Cirillo, JJ.*fn*
[ 282 Pa. Super. Page 62]
Presently before the court are three appeals which were consolidated by order of this court dated March 16, 1979.
This interesting set of operative facts originated from an automobile accident which occurred on November 18, 1972. Eugene Ciarrocca and Jennie Ciarrocca, as husband and wife, filed a complaint in trespass against original defendant John P. Campbell in January of 1974. Thereafter, original
[ 282 Pa. Super. Page 63]
defendant John P. Campbell joined plaintiff-driver Eugene as an additional defendant pursuant to Pa.R.C.P. 2252(d) in Jennie's case alleging that Eugene was negligent in the operation of his motor vehicle in which his (Eugene's) wife was a passenger.
On March 25, 1977, a Montgomery County jury rendered a verdict in favor of the original defendant John P. Campbell in Eugene and Jennie's cause of action against him; but also awarded Jennie damages in the amount of $3,000 against Eugene (her husband) as the additional defendant. Eugene and Jennie, as plaintiffs, filed post-trial motions and by order dated July 5, 1978, the trial court (a) denied plaintiff Eugene's post-trial motions for a new trial or for judgment n. o. v. but (b) granted plaintiff-wife Jennie's motion for a new trial on her cause of action against Eugene (her husband) only, said new trial to be limited to the question of damages. Eugene has filed one of the consolidated appeals herein from said order of court wherein his motions for new trial and for judgment n. o. v. filed by him as plaintiff, were denied (No. 2093 October Term, 1978).
On July 12, 1978, Eugene in his capacity as additional defendant, thereafter filed a motion for judgment n. o. v. nunc pro tunc. On February 13, 1979, the lower court dismissed additional defendant Eugene's motion for judgment n. o. v. nunc pro tunc. Thereafter, additional defendant ...