Mackin v. Arthur J. McHale Heating & Air Conditioning Co.

COTTONE, S.J.,

In the instant action, the defendants, Arthur J. McHale Heating and Air Conditioning Company Inc. and Justin Burkhart, filed preliminary objections to the amended complaint filed *546by the plaintiff, Deborah Mackin, administratrix of the estate of Thomas Mackin. The amended complaint avers that, on or about October 2,1998, the decedent, Thomas Mackin, was stopped in traffic when a vehicle driven by Justin Burkhart collided with his vehicle. It is alleged that, at the time of the accident, Mr. Burkhart was the agent, servant, workman and/or employee of the defendant McHale Heating,…