Smith v. Brown

STRANAHAN, Judge:

This appeal is from an Order of the Court of Common Pleas of Montgomery County striking Counts II and III from the appellant’s complaint. We affirm the lower court’s ruling.

The facts of the case are as follows: On August 27, 1977, the appellant, Shirley Bass Smith, was injured when she was struck by a car operated by the appellee, Jeanette Brown. The appellant was a minor at the time of the accident. The appellant’s mother, Madeline Bass, filed a Complaint in Trespass against Ms. Brown in her daughter’s name and in her own right.

Count II of that complaint was a demand for…