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GUBERNICK ET UX. v. C. OF PHILA. ET AL.

No. 2331 C.D. 1982.

85 Pa.Commw. 397 (1984)

Harry Gubernick and Jane Gubernick v. City of Philadelphia and SEPTA. City of Philadelphia, Appellant.

Commonwealth Court of Pennsylvania.

October 2, 1984.

Attorney(s) appearing for the Case

Barbara R. Axelrod, Assistant City Solicitor, with her, Mark A. Aronchick, City Solicitor, Gabriel L. I. Bevilacqua, Chairperson of Litigation, Sarah C. Makin, Assistant City Solicitor, and Jeffrey Batoff, for appellant.

Frank M. Jakobowski, for appellee.

Argued April 4, 1984, before President Judge CRUMLISH, JR. and Judges MacPHAIL and COLINS, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., October 2, 1984:

The City of Philadelphia appeals a Philadelphia County Common Pleas Court order granting in part the petition of Harry and Jane Gubernick for no-fault benefits. We vacate and remand.

The Gubernicks were attempting to cross a street near their home in Philadelphia when they were struck by an unmarked Philadelphia police car, resulting in personal injuries requiring extensive medical treatment.

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