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CAROLYN L. FOLCARELLI v. TRANSPORTATION SERVICES (02/27/81)

SUPERIOR COURT OF PENNSYLVANIA


filed: February 27, 1981.

CAROLYN L. FOLCARELLI, ADMINISTRATRIX OF THE ESTATE OF DOLORES REGINA FOLCARELLI, DECEASED, AND ANTHONY FOLCARELLI, APPELLANT,
v.
TRANSPORTATION SERVICES, INC. AND DELPHA L. HAGER. APPEAL OF CAROLYN L. FOLCARELLI

No. 2902 October Term, 1978, Appeal from the Order dated November 8, 1978 of the Court of Common Pleas of Montgomery County, Pennsylvania, Civil Action-Law, at No. 76-13386.

COUNSEL

Jerome B. Nulty, Souderton, for appellant.

Gilbert P. High, Jr., Norristown, for appellees.

Brosky, Wickersham and Roberts, JJ.*fn*

Author: Wickersham

[ 284 Pa. Super. Page 488]

On the morning of September 3, 1975, Paul S. Hunsberger, Chief of Police of the Franconia Township Police Department, Montgomery County, was on routine duty. It was the first day of the new school year and the weather was clear. He received a radio call to respond to an accident on Indian Creek Road, Franconia Township and upon arrival learned that a school bus had come into contact with a twelve year old student by the name of Dolores Folcarelli. He observed that the school bus was parked or stopped much in the center of the highway and the child was in front of the left front wheel. She was unconscious and died two days later.

Thereafter, Carolyn L. Folcarelli, appellant herein, as administratrix of the estate of Dolores Regina Folcarelli, deceased, brought suit against Transportation Services, Inc. and Delpha L. Hager. The case proceeded to trial before a jury on April 18, 1978. The jury returned a verdict for the defendant following which post-verdict motions were filed by plaintiff's administratrix, argued and denied by the trial court by Order of November 8, 1978. It was from that Order that an appeal was taken to this court.

We have repeatedly advised the profession that an order refusing a new trial is interlocutory and is unappealable. Cf. Bartkewich v. Billinger, 430 Pa. 207, 241 A.2d 916 (1968), and cases cited therein. The appeal should not be

[ 284 Pa. Super. Page 489]

    filed and may not be entertained until a final judgment is entered.

Slagter v. Mix, 441 Pa. 272, 272 A.2d 885 (1971); Waasdorp v. DiGiuseppe, 283 Pa. Super. 177, 423 A.2d 1047 (1980).*fn1


*fn* Justice SAMUEL J. ROBERTS of the Supreme Court of Pennsylvania, is sitting by designation.


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