DANKULICH ET AL. v. TARANTINO ET AL.

No. 1010 C.D. 1986.

110 Pa.Commw. 559 (1987)

532 A.2d 1243

The Estate of George Dankulich, by Catherine Ann Dankulich, Administratrix of the Estate of George Dankulich, and Catherine Dankulich, Individually, Appellants v. Frederick J. Tarantino, The Borough of Telford and The Commonwealth of Pennsylvania, Department of Transportation, Appellees.

Commonwealth Court of Pennsylvania.

Argued June 9, 1987.


Attorney(s) appearing for the Case

Thomas C. Branca, for appellants.

William B. Koch, Koch, Phelps and Cunningham, for appellee, Frederick J. Tarantino.

John W. Stahl, Dougherty & Stonelake, for appellee, Borough of Telford.

William A. Slotter, Office of Attorney General, for appellee, Commonwealth of Pennsylvania, Department of Transportation.

Before President Judge CRUMLISH, JR., Judge COLINS, and Senior Judge NARICK, sitting as a panel of three.


OPINION BY PRESIDENT JUDGE CRUMLISH, JR., October 30, 1987:

Catherine Dankulich, as Administratrix of the estate of her husband, George Dankulich, and individually, appeals a Montgomery County Common Pleas Court order denying her motion to strike off nonsuit as to Frederick J. Tarantino and the Commonwealth of Pennsylvania, Department of Transportation (DOT). We affirm as to DOT but reverse and remand as to Tarantino.

George Dankulich, a pedestrian, died following...

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