TRULLI v. CITY OF PHILADELPHIA, ET AL.

No. 31 Tr. Dkt. 1975.

23 Pa.Commw. 611 (1976)

Rocco Trulli, Administrator of the Estate of Lucy Trulli, Deceased, Plaintiff v. City of Philadelphia, Commonwealth of Pennsylvania, Department of Transportation of the Commonwealth of Pennsylvania, Joseph P. Synkonis, Jr., Joseph Brocco, Harold A. Humbert, William Hughes, Richard Brocco, Marvin Johnson, John Kurczewski, John Tracey, Daniel S. Miller, Robert L. Rowland, Joseph P. Wade, Richard G. Windisch, William A. Lamb and Clarke E. Whitesell, Defendants.

Commonwealth Court of Pennsylvania.

March 9, 1976.


Attorney(s) appearing for the Case

Vincent B. Corsetti, with him Melvin Alan Bank, and Bank, Minehart & D'Angelo, for plaintiff.

Joseph Goldberg, Assistant Attorney General, with him Stuart J. Moskovitz, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for defendant, Commonwealth.

Brian T. Guthrie, Assistant City Solicitor, for defendant, City of Philadelphia.

Edwin L. Scherlis, with him Frank and Margolis, for additional defendants.

Argued December 4, 1975, before Judges CRUMLISH, JR., MENCER and BLATT, sitting as a panel of three.


OPINION BY JUDGE BLATT, March 9, 1976:

This case involves the application of the doctrine of sovereign immunity, as raised by defendants' preliminary objections. The plaintiff, Rocco Trulli, Administrator of the Estate of Lucy Trulli, filed a complaint in trespass in the Court of Common Pleas of Philadelphia County against the City of Philadelphia, the Commonwealth of Pennsylvania (Commonwealth), the Department of Transportation of the Commonwealth of Pennsylvania...

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