Clancy v. Wileczek

GUARINO, J.,

This matter comes before the court on preliminary objections of one of two defendants in the nature of a demurrer.

Pa. R.C.P. 1017(b) (3) permits raising of preliminary objection in the nature of a demurrer, in limine, to test the legal sufficiency of plaintiffs cause of action: Balsbaugh v. Rowland, 447 Pa. 423. The complaint is in trespass for recovery of damages for death of plaintiffs decedent, under the wrongful death and survival statutes, against defendants, James J. Wileczek and Theresa Battestelli. It is alleged that decedent was a passenger in the automobile owned by…