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MILLER v. LELJEDAL ET AL.

No. 859 C.D. 1981 and 882 C.D. 1981.

71 Pa.Commw. 372 (1983)

Donald Miller, a Minor, by Mildred Miller v. George Leljedal et al. Commonwealth of Pennsylvania, Department of Transportation, Appellant. Donald Miller, a Minor, by Mildred Miller v. George Leljedal et al. George Leljedal, Appellant.

Commonwealth Court of Pennsylvania.

January 26, 1983.

Attorney(s) appearing for the Case

David F. Snyder, Deputy Attorney General, with him, Herbert L. Olivieri, Chief, Torts Litigation Unit, and LeRoy S. Zimmerman, Attorney General, for appellant, Commonwealth of Pennsylvania, Department of Transportation.

W. Marshall Dawsey, Griffin & Dawsey, for appellant, George Leljedal et al.

Joan F. Shullo, with her, Kenneth Levitzky, for appellee, Mildred Miller.

Argued February 5, 1982, before Judges ROGERS, MacPHAIL and DOYLE, sitting as a panel of three.

OPINION BY JUDGE DOYLE, January 26, 1983:

This is an appeal by George Leljedal (Appellant) and the Pennsylvania Department of Transportation (Department) from a decision and order of the Court of Common Pleas of Bradford County granting Mildred Miller's (Appellee) motion for summary judgment as to a third party complaint filed against her by Appellant. We reverse and remand.

On February 26, 1978, at...

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