McCrery v. Scioli

WICKERSHAM, Judge:

This is an appeal from the order of the Court of Common Pleas of Philadelphia County denying appellant McCrery’s motion to take off a nonsuit.

On February 3, 1978 at approximately 11:00 p.m., appellant, Kathleen McCrery Bennett, 1 was seriously injured when the car in which she was a passenger hit a utility pole along Holme Avenue in Philadelphia. The driver of the car was appellant’s good friend at the time, Sarah Capanna. Appellant was 17 years old and Ms. Capanna 18 years old at the time of the accident.

On February 1, 1980, appellant filed a complaint in trespass against…