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Smalich v. Westfall

Supreme Court of Pennsylvania
269 A.2d 476 (Pa. 1970)


A car driven by Felix Westfall, but owned by Julia Smalich ran into Stephanna Blank’s car. Smalich was a passenger in her car and died as a result of the accident. Smalich’s estate (plaintiff) brought a wrongful death suit against Blank (defendant) and Westfall. The jury determined that Westfall’s negligence was a contributing cause of the accident, but rendered a verdict in favor of Smalich’s estate against Blank. However, the trial court, holding that Westfall’s contributory negligence was imputed to Smalich as the owner of the car, entered a judgment notwithstanding the verdict in favor of Blank against the Smalich Estate. The Smalich Estate appealed.

Rule of Law


Holding and Reasoning (Eagen, J.)

Concurrence (Roberts, J.)

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