Tomb v. Matlack, Inc.

Opinion by

Judge Blatt,

Before us is the appeal of the Borough of Ellwood City (Borough) of the orders of the Court of Common Pleas of Allegheny County striking off a discontinuance, and the motion to quash filed by the appellee, Matlack, Inc. (Matlack).

Beverly Diane Tomb and Dail F. Tomb, III were killed in an automobile-truck accident and an action for Wrongful Death and Survival was initiated by their survivors against Matlack, the owner of the truck and the employer of its operator. Matlack then filed an answer, new matter and complaint joining additional defendants including the Borough. A…