Legal Opinion

Lowery v. E.C. Barnes Inc.

Pennsylvania Court of Common Pleas, Dauphin County

Decided January 6, 1998No. 3960 S 1996Published

1Opinion of the Court

CLARK, J.,

Before the court are plaintiffs’ preliminary objections to defendants’ counterclaim. After careful consideration, the objections to Count I are denied and those to Count II are granted.

In their complaint, plaintiffs allege that on March 10, 1996, plaintiff, Percy D. Halty Jr., believed he purchased kerosene from the Gulf Mini-Market at North Sixth and Reily Streets in Harrisburg, Pennsylvania. It is contended that he transported the product to his residence and filled a kerosene heater. Several hours later, his residence caught fire and was ultimately destroyed by the blaze, smoke…

2Cases cited2 opinions

  1. Gibbs v. ErnstSupreme Court of Pennsylvania · 1994
  2. Karoly v. CapSuperior Court of Pennsylvania · 1987

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