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ALBERT C. GEORGE AND KAREN GEORGE v. JAMES A. GEPHART AND BITUMINOUS CASUALTY COMPANY AND HARTFORD INSURANCE COMPANY (04/10/81)

SUPERIOR COURT OF PENNSYLVANIA


April 10, 1981

ALBERT C. GEORGE AND KAREN GEORGE, MINORS, BY THEIR PARENTS AND NATURAL GUARDIANS, ALBERT A. GEORGE AND KATHERYN GEORGE, HIS WIFE, AND ALBERT A. GEORGE AND KATHERYN GEORGE, HIS WIFE, IN THEIR OWN RIGHT, APPELLANTS,
v.
JAMES A. GEPHART AND BITUMINOUS CASUALTY COMPANY AND HARTFORD INSURANCE COMPANY, APPELLEES; VIKKI KHALIL AND TRACY KHALIL, MINORS, BY THEIR PARENTS AND NATURAL GUARDIANS, JOSEPH KHALIL AND VICTORIA KHALIL, HIS WIFE, AND JOSEPH KHALIL AND VICTORIA KHALIL, HIS WIFE, IN THEIR OWN RIGHT, APPELLANTS, V. JAMES A. GEPHART AND HARTFORD INSURANCE COMPANY AND BITUMINOUS CASUALTY COMPANY, APPELLEES.

Nos. 1589 and 1590 April Term, 1978, Nos. 1591 and 1592 April Term, 1978, Appeals from the Order of the Court of Common Pleas of Allegheny County, Civil Division, Ex. No. 61 July Term 1974; 653 and 654 April Term 1970; 460 April Term, 1974.

Before Hester, Montgomery and Lipez, JJ. Hester, J., files a Concurring and Dissenting Statement.

Per Curiam:

The Orders of the Court of Common Pleas of Allegheny County are affirmed on the opinion of Judge Silvestri.

Hester, J., files a Concurring and Dissenting Statement.

HESTER, J.:

I concur in that portion of the opinion which sustains the compulsory non-suit in the cases against Hartford Insurance Company.

I dissent in that portion of the opinion which grants a compulsory non-suit in the cases against Bituminous Casualty Company. The issue involved in this case should have been submitted to the jury.

19810410

© 1998 VersusLaw Inc.



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