Smalich v. Westfall Sup. Ct. Of Pa.,

440 Pa. 409, 269 A.2d 476 (1970)

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Nature of the Case

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Facts

Two automobiles collided in Westmoreland County. One of the vehicles, owned by P, was operated by D. P and her minor son, Michael, were passengers in this automobile at the time. The other vehicle involved was operated by Stephanna Louise Blank (D1). P suffered injuries in the collision which caused her death. Michael Smalich was injured but recovered. An action in trespass was later instituted, naming both D and D1 as defendants. The estate of P sought damages in both a wrongful death action and a survival action. The jury returned a verdict in favor of all Ps and against both D. Damages were awarded in the wrongful death action in the sum of $1025; in the survival action in the sum of $2000; in the guardian's action in the sum of $166.50; and in the minor's action in the sum of $20,000. Post-trial motions were timely filed by D1, seeking judgment notwithstanding the verdict in the actions on behalf of the P Estate and a new trial in the actions on behalf of the minor and the guardian. Both motions were granted by the court en banc below. The court en banc ruled that, under the facts, the contributory negligence of D must be imputed to the owner of the automobile as a matter of law, and this precluded recovery by P's Estate against D1. Ps appealed.