# Giordano v. Ralph J. Bianco, Inc.

> Superior Court of Pennsylvania · September 17, 1964 · 204 Pa. Super. 219

URL: https://www.frixlaw.com/law-library/cases/9718440

## Case

- **Full name:** Giordano, Appellant, v. Ralph J. Bianco, Inc.
- **Court:** Superior Court of Pennsylvania
- **Decided:** September 17, 1964
- **Citations:** 204 Pa. Super. 219; 203 A.2d 396; 1964 Pa. Super. LEXIS 571
- **Precedential status:** Published
- **Opinion:** Dissent by Wright
- **Judges:** Ervin, Wright, Woodside, Watkins, Montgomery, Flood
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9718440

## Opinion text

Dissenting Opinion bv
Wright, J.:
I see no need to remand this case to the Board for further proceedings. Whether or not the testimony of *225 claimant and her daughter was admissible, and even if we assume the happening of an accident, it does not require a finding that the subsequent myocardial infarction was causally connected. On this controlling issue the testimony of claimant’s medical witness, Dr. Mintz, was manifestly unconvincing. If decedent had an accident, it did not prevent him from continuing his employment. He collapsed while at work six days later. The record shows a previous heart condition. Dr. Castiglioni, who signed the death certificate, testified that it was a natural death. The employer’s medical witness, Dr. Spelman, testified persuasively that there was no causal connection with any prior accident. It is my view that the Board did not err in holding that claimant had failed to sustain her burden of proof. I would affirm the order of the court below.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9718440. Public record. Not legal advice.