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WUNSCH v. THE CITY OF ERIE

No. 8356-A-1980.

25 Pa. D. & C. 3d 742 (1983)

Wunsch v. The City of Erie

Common Pleas Court of Erie County, Pennsylvania.

March 28, 1983.

Attorney(s) appearing for the Case

S. E. Riley, Jr. and Ann Elizabeth Baldwin, for plaintiffs.

Donald E. Wright, Jr. and Thomas W. Renward, for defendant.

NYGAARD, J., March 28, 1983.

The preliminary objections filed by defendant require this court to decide whether the Political Subdivision Tort Claims Act, 42 Pa.C.S.A. §8541 et seq., allows an insurance company to bring a subrogation action against a municipality, and if not, whether the act thus violates the U.S. or Pennsylvania Constitutions. For the reasons which follow, the court concludes that the...

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