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HERBERT A. BRINKLEY v. JEFFREY RAY PEALER (04/12/85)

filed: April 12, 1985.

HERBERT A. BRINKLEY, PARENT AND NATURAL GUARDIAN OF DAVID J. BRINKLEY, A MINOR, APPELLANT,
v.
JEFFREY RAY PEALER, APPELLEE



No. 377 Harrisburg, 1983, Appeal from Order of the Court of Common Pleas, Civil Division, of York County, No. 82-S-687.

COUNSEL

Thomas E. Brenner, Harrisburg, for appellant.

Scott A. Fleischauer, Harrisburg, for appellee.

Wickersham, Wieand and Hester, JJ.

Author: Wieand

[ 341 Pa. Super. Page 435]

David J. Brinkley, a minor, was driving a Volkswagen station wagon owned by his father, Herbert A. Brinkley, when he was involved in a collision with a truck being operated negligently by Jeffrey Ray Pealer. Herbert A. Brinkley, parent and natural guardian for his son, filed a complaint against Pealer to recover damages to his vehicle, medical bills incurred because of his son's injuries in the amount of $500, and damages for his son's pain and suffering. It was alleged that the vehicle being driven by Pealer had been an unsecured vehicle owned by Robert N. Butt.*fn1 The defendant, Pealer, filed preliminary objections in the nature of a demurrer on grounds that the action was barred by the provisions of the Pennsylvania No-fault Motor Vehicle Insurance Act.*fn2 The trial court sustained the preliminary objections and dismissed the complaint. Brinkley appealed. We affirm in part and reverse in part.

Section 301(a) of the No-fault Motor Vehicle Insurance Act, supra, 40 P.S. § 1009.301(a), provides as follows:

(a) Partial abolition. -- Tort liability is abolished with respect to any injury that takes place in this State in accordance with the provisions of this act if such injury arises out of the maintenance or use of a motor vehicle, except that:

(1) An owner of a motor vehicle involved in an accident remains liable if, at the time of the accident, the vehicle was not a secured vehicle.

(2) A person in the business of designing, manufacturing, repairing, servicing, or otherwise maintaining

[ 341 Pa. Super. Page 436]

    motor vehicles remains liable for injury arising out of a defect in such motor vehicle which is caused or not corrected by an act or omission in the course of such business, other than a defect ...


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