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BOROSKY ET VIR, ET AL. v. COMMONWEALTH.

No. 1707 C.D. 1978.

46 Pa.Commw. 252 (1979)

Joanne Borosky and Peter Borosky, her husband et al., Plaintiffs v. Commonwealth of Pennsylvania, Defendant.

Commonwealth Court of Pennsylvania.

September 28, 1979.

Attorney(s) appearing for the Case

Daniel M. Berger, with him Berger, Kapetan, Malakoff & Meyers, for plaintiffs.

Walter F. Froh, Assistant Attorney General, with him John L. Sweezy, Chief Attorney of Unit, Theodore A. Adler, Chief Counsel of Department, and Edward G. Biester, Jr., Attorney General for defendant.

Argued March 21, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE, CRAIG and MacPHAIL.

OPINION BY JUDGE CRAIG, September 28, 1979:

This action involves a complaint in trespass against the Commonwealth of Pennsylvania as sole defendant, brought by plaintiffs Joanne Borosky, Peter Borosky her husband and Gary Borosky their minor son. The complaint essentially avers liability of the Commonwealth to plaintiffs by reason of alleged tortious actions of three state police officers who, pursuant to an information filed by a third party against Peter Borosky...

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