Opinion
Argued March 1, 1983.
December 23, 1983. Reargument Denied February 22, 1984.
Appeal from the order of the Court of Common Pleas of Philadelphia County, Civil Division, No. 2139, May T., 1975. Before William M. Marutani, Judge. The Superior Court, No. 649 Philadelphia 1982.
Charles A. Harad, for appellant; Roger J. Harrington, for Mainardi, et al., appellees; Jill Douthett, Assistant City Solicitor, for Philadelphia, appellee.
Before CERCONE, P.J., and CAVANAUGH and WIEAND, JJ.
A new trial limited to the issue of damages only is awarded as to William Montalto v. Francis Montalto in all other respects the judgment below is affirmed.
WIEAND, J., filed a memorandum concurring and dissenting statement.