Churilla v. Barner

PRICE, Judge:

In their complaint initiating this action, appellees, the parents of Carl J. Churilla, alleged that their son was killed in an automobile accident caused by the negligence of appellant. 1 Pursuant to a non-jury trial conducted on May 26, 1977, judgment was entered for appellees in the amount of $3,000 on the survival action, and $47,000 on the wrongful death action. For the reasons stated herein, we reverse the judgment of the trial court.

The sole testimony presented by appellees relating the circumstances of the crash was provided by one Michael Cervo. 2 Mr. Cervo testified that…