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McELWEE v. COM. OF PA., DEPT. OF TRANSP.

No. 336 C.D. 1976.

30 Pa.Commw. 320 (1977)

Thomas A. McElwee, Jr., individually and as Administrator of the Estate of Florence W. McElwee, Deceased, Plaintiff v. Commonwealth of Pennsylvania, Department of Transportation, Defendant.

Commonwealth Court of Pennsylvania.

May 26, 1977.

Attorney(s) appearing for the Case

Joel Friedman, with him Goldfeld, Goldberg & Friedman, for plaintiff.

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

Argued March 10, 1977, before Judges CRUMLISH, JR., KRAMER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE KRAMER, May 26, 1977:

This is a disposition of a preliminary objection raised to a Complaint in Trespass brought within this Court's original jurisdiction. The Complaint was filed by Thomas A. McElwee, Jr., individually and as administrator of the Estate of Florence W. McElwee (plaintiff), against the Commonwealth of Pennsylvania, Department of Transportation (PennDOT). Presently before us is PennDOT's preliminary objection raising the bar of sovereign...

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