concurring.
I agree with Mr. Justice Larsen that appellants are entitled to the benefit of this Court’s decision in Brakeman v. Potomac Insurance Co., 472 Pa. 66, 371 A.2d 193 (1977). These cases were pending on direct appeal at the time Brakeman was decided. Manifestly, “it is unfair to litigants whose case is not yet final to subject them to a law that is now recognized as offensive. Even-handed decision-making requires that similarly situated individuals on direct appeal be treated the same.” Commonwealth v. Hill, 492 Pa. 108, 111, 422 A.2d 491, 499 (1980) (Roberts, J., Opinion in Support of Reversal, joined by O’Brien, C. J., and Flaherty, J.). The orders of the Superior Court, therefore, must be reversed.
O’BRIEN, C. J., and FLAHERTY, J., join this concurring opinion.