Appeal from the Judgment in the Court of Common Pleas of Mercer County, Civil Division, No. 624 C.D. 1981
P. Christian Hague, Pittsburgh, for appellant.
Cyril T. Garvey, Sharon, for Gulentz, appellee.
P. Raymond Bartholomew, Sharon, for Trice, appellee.
Tamilia, Kelly and Montgomery, JJ.
[ 355 Pa. Super. Page 304]
Before this Court is an appeal from the granting of summary judgment to Todd Trice and partial summary judgment to Mary Gulentz. Also before us is a motion to
[ 355 Pa. Super. Page 305]
strike portions of appellee's designation of additional contents of reproduced record.
This case arises from a 1980 accident in Ohio. The decedent, James Gulentz, was one of three passengers in an auto operated by Todd Trice. A collision occurred between the car and a tractor trailer operated by Wayne Fosdick. The tractor was owned by B & C Trucking and the trailer by Schanno Transportation, Inc.
After the accident, Fosdick, Schanno and B & C Trucking filed a personal injury and property damage action against Trice in Ohio. In July of 1983, a jury verdict for Trice resulted, with the jury stating in responses to interrogatories that Trice was not negligent and Fosdick was negligent. (80 C.V. 1999 C.P. Portage County Ohio).
In June of 1981, Mary Gulentz, as administratrix of the estate of James Gulentz, commenced wrongful death and survival actions in Mercer County against Fosdick, B & C Trucking, Schanno Transportation, Inc. and Trice. Fosdick, B & C and Schanno filed preliminary objections raising the question of jurisdiction and the court sustained the objections. On appeal to this Court we reversed in part finding jurisdiction to exist as to Schanno and remanded for further proceedings. (Gulentz v. Fosdick, 320 Pa. Super. 38, 466 A.2d 1049 (1983)).
Following remand, Trice filed an answer and new matter in which he alleged the verdict in the Ohio action collaterally estopped Schanno from litigating the relative negligence of Trice and Schanno.
Appellant Schanno in reply to new matter admitted that a jury rendered a verdict for Todd Trice but denied any implication that it was responsible for any negligence of Fosdick, claiming he was an independent ...