Legal Opinion · Concurrence

Ammerman v. Lush

Superior Court of Pennsylvania

Decided September 22, 1975No. Appeal, No. 1448Published

1Concurrence

Concurring Opinion by

Cercone, J.:

I agree with the majority that defendant’s motion for summary judgment was improperly granted in the instant case. I disagree, however, with the suggestion that the lower court would have been correct had it been conclusively established that the accident occurred in the eastbound lane of Route 362.

It is certainly true that the use of the left lane of a two lane highway must be undertaken with the greatest care. As our Supreme Court stated in Polando v. Blue Ridge Trans. Co., 374 Pa. 485, 489 (1953) : “In America, travelling on the left side of the road is…

2Cases cited4 opinions

  1. Dougherty v. Philadelphia National BankSupreme Court of Pennsylvania · 1962
  2. Kresovich v. FitzsimmonsSupreme Court of Pennsylvania · 1970
  3. Polando v. Blue Ridge Transportation Co.Supreme Court of Pennsylvania · 1953
  4. Niemiec v. Allegheny County Port AuthoritySuperior Court of Pennsylvania · 1973

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