Davis v. O'Brien

Opinion by

Hoffman, J.,

The question before us is whether suit is barred between parties who were defendants in a prior action wherein the negligence of the respective parties had been litigated.

On January 19, 1969, the appellant’s veMcle rear-ended the appellee’s automobile as both were proceeding-in a westerly direction on the Schuylkill Expressway. Mercedes Boerner, a passenger in appellant’s vehicle, brought suit in Delaware County against both drivers, the appellant and appellee herein, for injuries she sustained as a result of the accident. After two days of trial, the Honorable Howard F.…