TOKAR v. PennDOT ET AL.

No. 1175 C.D. 1976.

29 Pa.Commw. 383 (1977)

Stephen J. Tokar, Administrator of the Estate of Melva Tokar, Deceased, Plaintiff v. Commonwealth of Pennsylvania, Pennsylvania Department of Transportation et al., Defendants.

Commonwealth Court of Pennsylvania.

March 25, 1977.


Attorney(s) appearing for the Case

David A. McVey, with him Stevens, Clark, Laubach & Semple, for plaintiff.

Richard S. Herskovitz, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for defendant, Commonwealth of Pennsylvania, Department of Transportation.

John L. Sweezy, Assistant Attorney General, with him Theodore A. Adler, Chief Counsel, Department of General Services, for defendants Kopitnik, Valko, Maruca, Hetrick, Delogier and Bender.

Argued February 4, 1977, before Judges KRAMER, ROGERS and BLATT, sitting as a panel of three.


OPINION BY JUDGE BLATT, March 25, 1977:

The plaintiff, Stephen J. Tokar, Administrator of the Estate of Melva Tokar, filed a trespass complaint in this Court against the Commonwealth of Pennsylvania (Commonwealth), the Pennsylvania Department of Transportation (PennDOT) and six individuals employed in various capacities by PennDOT. The complaint alleges that an automobile accident which occurred on July 16, 1975 had been caused by the defendant's negligent maintenance...

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