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FRANK J. RICCOBONO v. KEYSTONE HELICOPTER CORPORATION (04/08/86)

filed: April 8, 1986.

FRANK J. RICCOBONO, AS ADMINISTRATOR OF THE ESTATE OF PATRICIA A. RICCOBONO
v.
KEYSTONE HELICOPTER CORPORATION, APPELLANT. KIRSTEN KAY EDMONDS, ADMINISTRATRIX OF THE ESTATE OF LEONARD BLAINE EDMONDS, DECEASED, AND KIRSTEN KAY EDMONDS, IN HER OWN RIGHT V. M.B.B., INC. AND MESSERSCHMITT-BOELKOW-BLOHM AND KEYSTONE HELICOPTER CORPORATION AND LEHIGH VALLEY HOSPITAL CENTER, INC. AND ADELLA J. DILLMAN, ADMINISTRATRIX OF THE ESTATE OF SCOTT DILLMAN, DECEASED, AND ADELLA J. DILLMAN, IN HER OWN RIGHT. APPEAL OF KEYSTONE HELICOPTER CORPORATION



Appeal from the Order entered on January 14, 1985, in the Court of Common Pleas of Philadelphia County, Civil Division, at No. 4235 May Term, 1983; Appeal from the Order entered on January 14, 1985, in the Court of Common Pleas of Philadelphia County, Civil Division, at No. 1440 Sept. 1983.

COUNSEL

Ronald C. Scott, Philadelphia, for appellant.

William A. Loftus, Philadelphia, for Riccobono, appellees (at 522).

Howard J. Levin, Philadelphia, for Dillman, appellee (at 1348).

Brosky, McEwen and Hester, JJ.

Author: Hester

[ 352 Pa. Super. Page 188]

These are the consolidated appeals of two wrongful death actions arising from a helicopter accident. One appellee is Frank J. Riccobono, administrator of the estate of Patricia A. Riccobono, deceased. The other appellee is Kirsten Kay Edmonds, administratrix of the estate of Leonard Blaine Edmonds, deceased. Each appellee filed separate complaints against appellant, Keystone Helicopter Corporation.

In November, 1984, seventeen months after appellee Riccobono filed suit and fourteen months after appellee Edmonds filed suit, appellant moved for leave to join additional defendants, Mario Aurigemma, t/a Mr. A's Bar, and Jennie Kunkel, t/a Jennie's Place, in both actions nunc pro tunc. Orders were entered on January 18, 1985, in both actions, denying leave to file complaints against the additional defendants. Appellant filed separate appeals which were later consolidated for argument and disposition. We affirm.

On April 27, 1982, eighteen-year-old Leonard Edmonds was one of four passengers in a motor vehicle operated by Scott Dillman. The vehicle struck a telephone pole on Route 895 in East Brunswick Township, Schuylkill County, Pennsylvania. Dillman was fatally injured while Edmonds and the others were seriously injured.

Appellant provided helicopter medical service for Allentown and Sacred Heart Hospital Center. The hospital dispatched one of appellant's helicopters to the accident scene to transport Edmonds to the hospital for treatment. Twenty-four-year-old Patricia Riccobono, a paramedic, was a member of the helicopter's medical evacuation team. The helicopter landed safely at the accident scene, and Edmonds was removed from the vehicle and placed in the helicopter.

[ 352 Pa. Super. Page 189]

Shortly after take-off, the helicopter crashed, killing Edmonds, Riccobono, the pilot and another paramedic.

The proposed additional defendants operated taverns from which Scott Dillman, the driver, had purchased beer. Appellant alleged that their negligence in serving beer to a minor had caused Dillman to wreck his automobile. Had the automobile accident not occurred, appellant reasoned, the ...


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