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GEORGE W. KRUTH v. LIBERTY MUTUAL INSURANCE COMPANY (09/27/85)

filed: September 27, 1985.

GEORGE W. KRUTH, ADMINISTRATOR OF THE ESTATE OF MARY E. BAIRD A/K/A MARY KRUTH, DECEASED, AND ALL OTHERS SIMILARLY SITUATED, APPELLANT,
v.
LIBERTY MUTUAL INSURANCE COMPANY, APPELLEE



Appeal from the Order entered August 3, 1984 in the Court of Common Pleas of Dauphin County, Civil Division, at No. 3004 S 1983.

COUNSEL

Richard C. Angino, Harrisburg, for appellant.

Jeffrey B. Rettig, Harrisburg, for appellee.

Tamilia, Montgomery and Roberts, JJ.

Author: Montgomery

[ 346 Pa. Super. Page 149]

This action was instituted in the lower court to recover No-fault work loss benefits for a decedent's estate and all others similarly situated.*fn1 The Defendant insurer provided the No-fault coverage to the decedent, who lost her life when accidentally asphyxiated by carbon monoxide poisoning in a motor vehicle. The Plaintiff-Appellant administrator of the estate files the instant appeal from the lower

[ 346 Pa. Super. Page 150]

    court's denial of his class certification petition and the granting of Defendant's motion for summary judgment. He also challenges the lower court's denial of a petition for reconsideration of the certification request.

With regard to the class certification issue, we must be guided by Pennsylvania Rule of Civil Procedure 1702, which sets forth the prerequisites for certification by our courts:

One or more members of a class may sue or be sued as representative parties on behalf of all members in a class action only if

(1) the class is so numerous that joinder of all members is impracticable;

(2) there are questions of law or fact common to the class;

(3) the claims or defenses of the representative parties are typical of the claims or ...


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