Miller v. Preitz

Concurring and Dissenting Opinion by

Mr. Justice Roberts:

I concur in the majority’s action in reversing the judgment for defendant Preitz, the retail seller, on count two of plaintiff’s complaint. However, for the reasons stated in my dissenting opinion in DiBelardino v. Lemmon Pharmacal Co., 416 Pa. 580, 586, 208 A. 2d 283, 286 (1965), I am unable to agree with the majority’s determination that an action for wrongful death is here precluded.1

Nor am I able to agree that the absence of privity of contract between plaintiff’s decedent and the remaining defendants, Rexall and Northern Electric,…