McDERMOTT v. CONSOL. RAIL CORP

PER CURIAM.

AND NOW, this 20th day of December, 2001, the Petition for Allowance of Appeal is hereby GRANTED. Furthermore, the order of the Superior Court is VACATED and the matter is REMANDED for reconsideration. On remand, the Superior Court is specifically directed to consider this court's decision in Davis v. Mullen, 773 A.2d 764 (Pa. 2001).

Furthermore, we note that the Superior Court, relying on Dale v. Baltimore Ohio Railroad Co., 519 A.2d 450 (Pa.Super.Ct. 1986), incorrectly stated that Petitioner is liable for the entire amount of the damages regardless of whether Petitioner was the sole cause of the injury. Unfortunately, the Superior Court failed to apprehend that we specifically rejected that portion of their Dale opinion. See Dale v. Baltimore Ohio Railroad Co., 552 A.2d 1037, 1041 (Pa. 1989). We note, however, that we express no opinion as to whether our Dale decision should be utilized in the resolution of this matter on remand.