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JERRY J. ELIAS AND ALICE FAYE ELIAS v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (06/01/84)

filed: June 1, 1984.

JERRY J. ELIAS AND ALICE FAYE ELIAS, HIS WIFE, JERRY J. ELIAS, ADMINISTRATOR OF THE ESTATE OF ANTHONY J. ELIAS, DECEASED, APPELLANTS,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY



No. 157 Harrisburg 1982, Appeal from the Order of the Court of Common Pleas, Civil Division, of Dauphin County at No. 1433-S-1979.

COUNSEL

P. Daniel Altland, Harrisburg, for appellants.

Richard H. Wix, Harrisburg, for appellee.

Wickersham, Wieand and Cercone, JJ.

Author: Wickersham

[ 328 Pa. Super. Page 213]

Appellants commenced this action in assumpsit for recovery of survivors' loss benefits and work loss benefits under the Pennsylvania No-Fault Motor Vehicle Insurance Act*fn1 as a result of an automobile accident that occurred on November 30, 1978 in Lower Allen Township, Cumberland County. The accident resulted in the death of appellants' son, Anthony J. Elias, who was a passenger in a motor vehicle that collided with a train.

In count I of their complaint, appellants alleged that they were entitled to recover survivors' loss benefits under the No-Fault Act as a result of the death of their son. Appellee State Farm filed a motion for partial summary judgment as to count I of the complaint. By order dated October 27, 1980, the Honorable Warren G. Morgan granted appellee's motion and dismissed that count. The court found as a matter of law that the appellants were not financially and economically dependent upon decedent at the time of death, and therefore, not entitled to survivors' loss benefits under the No-fault Act. No appeal was taken from that order.

In count II of the complaint, appellants alleged that they were entitled to claim work loss benefits on behalf of their son's estate. By order of March 31, 1982, the Honorable Clarence C. Morrison dismissed count II of the complaint on

[ 328 Pa. Super. Page 214]

State Farm's motion for summary judgment. This timely appeal followed.

The sole issue raised in this appeal is as follows:

Whether work loss benefits are payable under the Pennsylvania No-Fault Motor Vehicle Insurance Act to the estate of a deceased victim who was not survived by a spouse or other ...


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