deAngeli v. Fitzgerald
| Decision Date | 23 April 1969 |
| Citation | 433 Pa. 529,252 A.2d 706 |
| Parties | Maurice B. deANGELI and Marianne E. deAngeli v. Myrtle E. FITZGERALD. Appeal of Marianne E. deANGELI. |
| Court | Pennsylvania Supreme Court |
Albert R. Subers, Bean, De Angelis, Tredinnick & Giangiulio, Norristown, for appellee.
Before BELL, C. J., and JONES, COHEN, EAGEN, O'BRIEN, ROBERTS, and POMEROY, JJ.
This is an appeal from the Order of the Court of Common Pleas sustaining appellee's preliminary objections to appellant Marianne's claim for damages for loss of her husband's consortium.
Maurice deAngeli filed a complaint in trespass seeking to recover damages for (a) loss of wages and medical bills and (b) pain and suffering and (c) repairs to his car arising out of a collision with appellee's car. Marianne deAngeli, appellant herein, was named as a party plaintiff in her husband's trespass action in order that she might recover damages for loss of her husband's consortium. Marianne's consortium claim was averred to be for less than $10,000.
Appellee filed preliminary objections to appellant's consortium claim, on the ground that such a claim was not recognized by the law. Brown v. Glenside Lumber and Coal Company, 429 Pa. 601, 240 A.2d 822; Neuberg v. Bobowicz, 401 Pa. 146, 162 A.2d 662. The lower Court dismissed the claim for consortium and ordered that it be expunged from the complaint.
It is clear that the Order of the lower Court which not only sustained appellee's preliminary objections but dismissed the plaintiff-wife's consortium claim is a final Order and therefore appealable. Brandywine A.J. School Authority v. VanCor, Inc., 426 Pa. 448, 451, 233 A.2d 240; see, also, Sullivan v. City and County of Philadelphia, 378 Pa. 648, 107 A.2d 854.
However, the amount of damages claimed by the plaintiff-wife for loss of consortium is less than $10,000 and therefore appellate jurisdiction is in the Superior Court. Act of June 24, 1895, P.L. 212, § 7(c), as amended, August 14, 1963, P.L. 819, § 1, 17 P.S. § 184 (Supp.) 1963. Morris v. Board of Property Assessment, 417 Pa. 192, 209 A.2d 407.
Case remitted to the Superior Court, appellant to pay costs.
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Feingold v. Bell of Pennsylvania
...Consumer Discount Co., 465 Pa. 225, 348 A.2d 734 (1975); Free v. Lebowitz, 463 Pa. 387, 344 A.2d 886 (1975); DeAngeli v. Fitzgerald, 433 Pa. 529, 252 A.2d 706 (1969). The appeal in the instant case was taken pursuant to the Appellate Court Jurisdiction Act of 1970, July 31, 1970, P.L. 673, ......
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Bell v. Beneficial Consumer Discount Co.
... ... order. The order effectively puts out of court those members ... of the class not parties to the individual action ... DeAngeli v. Fitzgerald, 433 Pa. 529, 252 A.2d 706 ... [465 Pa. 230] ... In Brandywine Joint Area School Authority v. VanCor, ... Inc., 426 Pa ... ...
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