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PennDOT v. ESTATE OF CREA

No. 818 C.D. 1976.

92 Pa.Commw. 242 (1977)

Commonwealth of Pennsylvania, Department of Transportation, Plaintiff v. Estate of Jesse W. Crea, Deceased, John Crea, Administrator, Defendant.

Commonwealth Court of Pennsylvania.

August 16, 1977.

Attorney(s) appearing for the Case

Richard S. Herskovitz, Assistant Attorney General, with him, Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for plaintiff.

Philip D. Freedman, Caldwell, Clouser & Kearns, for defendant.

Argued June 13, 1977, before President Judge BOWMAN.

OPINION BY PRESIDENT JUDGE BOWMAN, August 16, 1977:

This action in trespass by the Department of Transportation (PennDOT) against the estate of Jesse W. Crea is one to recover damages resulting from the collapse of a bridge allegedly caused by decedent negligently driving his automobile against the bridge superstructure. The decedent died in the accident.

After trial on waiver of jury trial, a verdict...

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