Dilliplaine v. Lehigh Valley Trust Co.

Concurring Opinion by

Hoffman, J. :

Appellant contends that the trial judge erred in instructing the jury that the decedent was presumed to have exercised due care at the time that the accident occurred.

This action arose out of a collision between an automobile operated by plaintiff-appellant, Wayne Dilliplaine, and a car operated by defendant-appellee’s decedent James Burdette. Burdette died following the accident from causes unrelated to the accident.

When an individual suffers a violent death, there is a presumption that the deceased exercised due care in the actions preceding his death.…