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WALTERS ET VIR v. D.O.T. ET AL.

No. 721 C.D. 1983.

81 Pa.Commw. 478 (1984)

June Walters and Robert L. Walters, Appellants v. Commonwealth of Pennsylvania, Department of Transportation et al., Appellees.

Commonwealth Court of Pennsylvania.

April 11, 1984.

Attorney(s) appearing for the Case

Michael A. Karaffa, with him Bart M. Beier, Beier & Karaffa, for appellants.

Frank J. Micale, Deputy Attorney General, with him Herbert L. Olivieri, Chief, Tort Litigation Unit, and LeRoy S. Zimmerman, Attorney General, for appellees.

Argued March 12, 1984, before Judges WILLIAMS, JR., CRAIG and COLINS, sitting as a panel of three.

OPINION BY JUDGE CRAIG, April 11, 1984:

June and Robert L. Walters, husband and wife, appeal an order of the Court of Common Pleas of Allegheny County, which granted a motion for judgment on the pleadings in the Walters' tort action against the Pennsylvania Department of Transportation. We must determine whether the trial court erred when it concluded that the Walters' suit was barred by sovereign immunity.

In August, 1980, Mrs. Walters was injured in a two...

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