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MISTECKA ET VIR v. COMMONWEALTH.

Nos. 1801 and 1809 C.D. 1977.

46 Pa.Commw. 267 (1979)

Jeri and Anthony Mistecka, Wife and Husband, Plaintiffs v. Commonwealth of Pennsylvania, Defendant. Sherley M. Davis et al., Plaintiffs v. James Wilson, on behalf of Pennsylvania Department of Transportation et al., Defendants.

Commonwealth Court of Pennsylvania.

October 1, 1979.

Attorney(s) appearing for the Case

Keith S. Edbstein, with him Daniel L. Thistle, and, of counsel, Beasley, Hewson & Casey, for plaintiffs.

Thomas O. Malcolm, with him Malcolm & Riley, for defendant, Chester County.

Richard S. Herskovitz, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Edward G. Biester, Jr., Attorney General, for defendant, Commonwealth.

Argued March 22, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE, CRAIG and MacPHAIL.

OPINION BY JUDGE CRAIG, October 1, 1979:

Consolidated here for argument and disposition are two trespass cases arising out of similar incidents occurring at the same place on the same date.

In the first case, Jeri and Anthony Mistecka, wife and husband, filed their complaint in trespass against the Commonwealth, to recover, according to their allegations, for injuries suffered September 7, 1975 by the wife plaintiff while traveling in a motor vehicle on State...

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