Hachick v. Kobelak

HOFFMAN, Judge:

Appellant contends that the trial court erred in (1) refusing to admit into evidence the allegations contained in appellee’s original complaint and (2) holding that the dead man’s statute prevented appellant from testifying at trial. We agree that the lower court improperly refused to admit into evidence the allegations in appellee’s original complaint. Accordingly, we reverse and remand for a new trial.

On November 19, 1973, appellee and her husband, the decedent’s parents, administrators of the decedent’s estate, 1 filed a complaint in trespass for wrongful death 2 and…