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JOSEPH S. HAMMERSTONE v. HUGH ROSE AND C.D.B. (04/28/83)

submitted: April 28, 1983.

JOSEPH S. HAMMERSTONE
v.
HUGH ROSE AND C.D.B., INC. APPEAL OF C.D.B., INC.



No. 629 Philadelphia, 1982, Appeal from Order of the Court of Common Pleas, Civil Division, of Northampton County, No. 1980-C-5685.

COUNSEL

Philip D. Lauer, Easton, for appellant.

Thomas L. Walters, Easton, for appellee.

Rowley, Wieand and Popovich, JJ.

Author: Wieand

[ 317 Pa. Super. Page 568]

Joseph S. Hammerstone, appellee, was the owner of a Volkswagen which, while lawfully parked in the City of Easton, was damaged by a welding trailer which broke loose and fell from a passing truck. Upon the trial of an action to recover damages from C.D.B., Inc., the owner of the truck, appellee showed that the hitch and safety chain holding the welding trailer had broken when the truck traversed a "dip" in the road. The trial court, which heard the case without a jury, found that the owner of the truck had been negligent and entered an adjudication awarding damages to the owner of the Volkswagen. On appeal, after exceptions had been dismissed,*fn1 C.D.B., Inc. contends that the evidence was insufficient to sustain the trial court's finding of negligence. We disagree and, accordingly, affirm.

In Gilbert v. Korvette, Inc., 457 Pa. 602, 327 A.2d 94 (1974), the Supreme Court adopted Section 328D of the Restatement (Second) of Torts and made it part of the law of Pennsylvania. Section 328D of the Restatement provides an evidentiary rule which permits a logical and realistic

[ 317 Pa. Super. Page 569]

    approach to circumstantial proof of negligence. The rule provides, in pertinent part, as follows:

(1) It may be inferred that harm suffered by the plaintiff is caused by negligence of the defendant when

(a) the event is of a kind which ordinarily does not occur in the absence of negligence;

(b) other responsible causes, including the conduct of the plaintiff and third persons, are sufficiently ...


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