DEPT. OF TRANS. v. PHILLIPS

Nos. 3197 C.D. 1983, 3198 C.D. 1983 and 3366 C.D. 1983.

87 Pa.Commw. 504 (1985)

Commonwealth of Pennsylvania, Pennsylvania Department of Transportation et al., Appellants v. Helen L. Phillips, Administrator of the Estate of Vaughn E. Phillips, Deceased, Appellees. Commonwealth of Pennsylvania, Pennsylvania Department of Transportation et al., Appellants v. Helen L. Phillips, Administrator of the Estate of Vaughn E. Phillips, Appellees. Helen L. Phillips, Administrator of the Estate of Vaughn E. Phillips, Deceased, Appellants v. Commonwealth of Pennsylvania, Pennsylvania Department of Transportation et al., Appellees.

Commonwealth Court of Pennsylvania.

February 11, 1985.


Attorney(s) appearing for the Case

Randall G. Gale, Deputy Attorney General, with him, Mark E. Garber, Jr., Acting Chief, Torts Litigation Unit, and LeRoy S. Zimmerman, Attorney General, for appellants/appellees, Commonwealth of Pennsylvania, Department of Transportation, and Lewis G. Kerstetter.

Charles J. Weyandt, Dunaway, Weyandt, McCormick & Jones, for appellants/appellees, Joel Confer, AMC, Inc., and Joel Confer Toyota, Inc.

H. Amos Goodall, Jr., Miller, Kistler & Campbell, Inc., for appellants/appellees, Carl E. McCartney et al.

James H. Thomas, with him, Susan E. Grosh, Wenger, Byler & Thomas, for appellants/appellees, David, Leah, and Abram Ebersol.

David A. Flood, for appellant/appellee, Logan Fire Co., No. 1.

Wayne F. Shade, with him, Merritt E. McKnight, for appellee/appellant, Helen L. Phillips.

James M. Horn, McQuaide, Blasko, Schwartz, Fleming & Faulkner, Inc., for appellee, Protective Services, Inc.

Argued September 10, 1984, before Judges WILLIAMS, JR. and BARRY and Senior Judge BLATT, sitting as a panel of three.


OPINION BY JUDGE BARRY, February 11, 1985:

These cross-appeals follow an order of the Court of Common Pleas of Centre County, dismissing exceptions filed by plaintiff Helen L. Phillips, Administratrix of the Estate of Vaughn Phillips, and various defendants. These exceptions were filed to a trial court order which entered judgment for Mrs. Phillips against defendant, Department of Transportation (DOT), in the amount of $319,419.92, defendant, Lewis G. Kerstetter,...

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