McDonnell v. Hilbert

GATES, P. J.,

The matter is before us on defendant’s motion for a judgment on the pleadings.

The pertinent facts follow.

On November 1, 1972, plaintiffs were injured in an automobile accident when they were struck from the rear by an automobile owned by the Commonwealth of Pennsylvania and operated by defendant, Perry A. Hilbert. As a result of the negligence of defendant, all of plaintiffs suffered serious injuries.

Defendant denies liability and, under a heading of “New Matter,” alleges that on November 1, 1972, he was employed as a District Game Protector for the County of Lebanon by the…