RIPPY v. FOGEL ET AL.

No. 1005 C.D. 1986.

108 Pa.Commw. 296 (1987)

529 A.2d 608

David Rippy, Appellant v. Max A. Fogel and Commonwealth of Pennsylvania, Appellees.

Commonwealth Court of Pennsylvania.

August 7, 1987.


Attorney(s) appearing for the Case

Mark E. Squires, with him, William J. Taylor, Taylor & Taylor, for appellant.

Daniel R. Sherzer, Deputy Attorney General, for appellee.

Argued February 24, 1987, before Judges DOYLE and BARRY, and Senior Judge BARBIERI, sitting as a panel of three.


OPINION BY JUDGE BARRY, August 7, 1987:

David Rippy, the appellant/plaintiff, appeals from an order of the Court of Common Pleas of Delaware County which sustained a demurrer of the Commonwealth (appellee/defendant), thereby dismissing appellant's complaint against the Commonwealth.

On October 28, 1984, plaintiff was the passenger in an automobile driven by defendant Max A. Fogel. At approximately 2:45 a.m., the automobile collided with a deer walking on the...

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