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MARSHALL v. SEPTA ET AL.

No. 713 C.D. 1981.

76 Pa.Commw. 205 (1983)

Cheryl Marshall v. Southeastern Pennsylvania Transportation Authority et al. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

August 8, 1983.

Attorney(s) appearing for the Case

Thomas P. Fay, with him Arvin Maskin, Deputy Attorney General, for appellants.

Leonard N. Ross, with him Lawrence G. Metzger, for appellee.

Argued June 8, 1983, before Judges WILLIAMS, JR., CRAIG and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., August 8, 1983:

The Pennsylvania Department of Transportation (DOT) has appealed to this Court from an order of the Court of Common Pleas of Philadelphia County. The court's order, as a sanction for failure to make discovery, precludes DOT from entering a defense and presenting evidence with respect to liability at the time of trial of this personal injury matter.

The appellee, Cheryl Marshall, was allegedly injured on October...

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