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EDWARD ANSKIS v. SELMA FISCHER AND LOUIS FISCHER AND MICHAEL LENAHAN AND SEARS (03/09/84)

filed: March 9, 1984.

EDWARD ANSKIS, APPELLANT,
v.
SELMA FISCHER AND LOUIS FISCHER AND MICHAEL LENAHAN AND SEARS, ROEBUCK & COMPANY



No. 1256 Philadelphia, 1982, Appeal from the Order of the Court of Common Pleas, Philadelphia County, Civil Division, at No. 1780 June Term, 1972.

COUNSEL

Sheldon A. Goodstadt, Philadelphia, for appellant.

James Marsh, Philadelphia, for appellees.

Cavanaugh, Brosky and Popovich, JJ.

Author: Brosky

[ 326 Pa. Super. Page 376]

The sole issue presented to us in this appeal is whether the trial court erred in molding the verdict returned by the jury in this case and marking the judgment satisfied. We affirm.

This action was commenced by appellant who was injured when the automobile in which he was travelling was struck by a vehicle driven by Selma Fischer. At the time of the accident Mr. Anskis was an employee of Sears, Roebuck & Company and was riding in a Sears vehicle which was driven by another Sears employee in the scope of his employment.

Mr. Anskis filed a complaint against Selma Fischer and her husband on June 13, 1972. On August 14, 1972 the Fischers filed an answer and a complaint joining the driver of the Sears vehicle, Michael Lenahan, and Sears as additional defendants.

Approximately twenty-three months after service of the complaint upon them, the additional defendants filed an Answer and New Matter in which they alleged that the cause of action against them was barred by the Pennsylvania Workmen's Compensation Act.*fn1

In preliminary objections to the Answer and New Matter the Fischers alleged that the additional defendants were barred from raising the workmen's compensation claim as an affirmative defense because their Answer and New Matter were not filed timely.

The preliminary objections were sustained by order of September 23, 1974 and the Answer and New Matter were stricken and dismissed with prejudice.

At trial the jury returned a verdict in favor of appellant and against Mr. Lenahan and Sears in the amount of $150,000.00. The trial judge granted a motion to mold the verdict ...


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