Legal Opinion · Dissent

Tolentino v. Bailey

Superior Court of Pennsylvania

Decided September 23, 1974No. Appeal, No. 1390Published

1Dissent

*15Dissenting Opinion by

Hoffman, J.:

Appellant raises numerous contentions of error in a trial which, resulted in a jury verdict of $225,000.00 for personal injuries sustained by the plaintiff-appellee.

Plaintiff, a platform worker, was endeavoring to unload the cargo of a parked truck owned by the appellant, when the truck suddenly moved causing plaintiff to be pinned beneath a forklift truck upon the loading platform. It was testified at trial, and not disputed, that as a result of injuries sustained by the plaintiff to his right arm, his disability was permanent and any future heavy work…

2Cases cited12 opinions

  1. McCaffrey v. SchwartzSupreme Court of Pennsylvania · 1926
  2. Brodie v. Philadelphia Transportation Co.Supreme Court of Pennsylvania · 1964
  3. Huffman Estate (No. 3)Supreme Court of Pennsylvania · 1944
  4. Steele v. ShepperdSupreme Court of Pennsylvania · 1963
  5. James Thompson, in No. 14943 v. Trent Maritime Co., Ltd., in No. 14943. In No. 14913 v. B. H. Sobelman & Co., Inc., in No. 14913Court of Appeals for the Third Circuit · 1965

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