No. 158 Harrisburg 1982, Appeal from the Order of the Court of Common Pleas, Civil Division, of Dauphin County at No. 1448-S-1979.
P. Daniel Altland, Harrisburg, for appellant.
Richard H. Wix, Harrisburg, for appellee.
Wickersham, Wieand and Cercone, JJ.
[ 327 Pa. Super. Page 477]
Appellant instituted 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 18, 1979 in Lancaster County. The accident resulted in the deaths of appellant's daughter, Gail I. Swayze, and his mother, Anna J. Swayze.
In counts I and II of his complaint, appellant alleged that he was entitled to recover survivors' loss benefits under the No-Fault Act as a result of the deaths of his daughter and mother. Appellee State Farm filed a motion for partial summary judgment as to counts I and II of the complaint. By order dated October 28, 1980, the Honorable Warren G. Morgan granted appellee's motion and dismissed those counts. The court found as a matter of law that appellant was not financially and economically dependent upon either decedent at the time of death, and therefore, not entitled to recover survivors' loss benefits under the No-fault Act. No appeal was taken from that order.
In counts III and IV of his complaint, appellant alleged that he was entitled to claim work loss benefits on behalf of the estates of his daughter and mother. By order of March 31, 1982, the Honorable Clarence C. Morrison dismissed counts III and IV of the complaint on 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
[ 327 Pa. Super. Page 478]
spouse or other relative dependent upon him for ...