Dambacher v. Commercial Union Assurance Companies

WIEAND, Judge:

This is an appeal from an order of the Court of Common Pleas of Philadelphia County awarding appellees benefits under the Pennsylvania No-Fault Motor Vehicle Insurance Act. 1 Appellant argues that the trial court erred when it dismissed preliminary objections to the petition by which appellees attempted to institute the-instant action. We are constrained to agree; and, therefore, we reverse the order of the trial court and dismiss the petition without prejudice to appellees’ right to institute an action by the filing of a complaint.

On November 3, 1977, fourteen year old Joann…