No. 2380 Philadelphia 1982, Appeal from the Judgment entered March 16, 1984 in the Court of Common Pleas of Delaware County, Civil Division, No. 78-15838. No. 2379 Philadelphia 1982, Appeal from the Judgment entered March 16, 1984 in the Court of Common Pleas of Delaware County, Civil Division, No. 78-18795. No. 2378 Philadelphia 1982, Appeal from the Judgment entered March 16, 1984 in the Court of Common Pleas of Delaware County, Civil Division, No. 78-18388
Julius Nicholas, in propria persona.
Irene Black, in propria persona.
Michael Collier, in propria persona.
Ronald D. Ashby, Media, for appellee.
Spaeth, President Judge, and Beck and Tamilia, JJ.
[ 329 Pa. Super. Page 137]
These are appeals from final orders of the Delaware County Court of Common Pleas.
Appellants raise two issues on appeal:
(1) Whether the lower court erred in denying a motion for continuance made by defense counsel when appellants were unable to appear for trial due to their involvement in an automobile accident; and (2) Whether the verdicts entered by the lower court were inconsistent with the evidence and testimony presented.
[ 329 Pa. Super. Page 138]
As this Court reverses the decision of the lower court denying the motion for continuance and finds that a continuance should have been granted, we do not find it necessary to consider the issue of inconsistent verdicts.
The relevant facts reveal that three of four defendants in cases consolidated for trial purposes were involved in an auto accident due to snow and icy road conditions on the way to court. A police officer at the scene called the trial judge's chambers and provided information about the accident. He indicated damage to the vehicle had occurred but no personal injuries had been sustained. The trial was postponed until the 2:00 p.m. session. By 2:00 p.m., defense counsel had been in contact with defendant, Nicholas, who informed her the car was inoperable but that three defendants had accepted a ride to Crozer -- Chester Hospital where defendant, Black, was treated for injuries. According to defendants, they were "shaken up" following the incident and ...