VANSLANDER v. AETNA CAS. SUR. CO., 516 Pa. 363 (1987)

532 A.2d 435

David W. VANSLANDER, Sr., Sandra M. Vanslander, and David W. Vanslander, Jr., a minor, by David W. Vanslander, Sr., his guardian v. The AETNA CASUALTY SURETY COMPANY, Appellant.

Supreme Court of Pennsylvania.Argued September 21, 1987.
Decided November 2, 1987. Reargument Denied December 18, 1987.

Appeal No. 88 W.D. Appeal Dkt. 1986 from Order of Superior Court entered March 26, 1986, at No. 212 Pittsburgh 1985, Reversing Order of Court of Common Pleas of Elk County, Civil Division, entered January 17, 1985, at No. 83-327. 356 Pa. Super. 598, 512 A.2d 58 (1986).

John L. McIntyre, Frank J. Hartye, Pfaff, McIntyre, Dugas
Hartye, Hollidaysburg, for appellant.

Gerard R. Sorg, St. Marys, for appellees.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, and PAPADAKOS, JJ.

Page 364

ORDER
PER CURIAM:

The Court being evenly divided as to whether to render a decision on the merits, the appeal is hereby dismissed.

HUTCHINSON, Former J., did not participate in the consideration or decision of this case.

NIX, C.J., and FLAHERTY and McDERMOTT, JJ., would reach the merits of the appeal.

LARSEN, ZAPPALA and PAPADAKOS, JJ., would dismiss the appeal as having been improvidently granted.