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  5. 115 Pa.Commw. 566 (1988)
 

BURGAN v. CITY of PGH. ET AL.

Nos. 3428 C.D. 1986, 3429 C.D. 1986, 3430 C.D. 1986, 3431 C.D. 1986, 3500 C.D. 1986, 3501 C.D. 1986, 3502 C.D. 1986, 3503 C.D. 1986 and 3615 C.D. 1986.

115 Pa.Commw. 566 (1988)

542 A.2d 583

Betty J. Burgan, Admrx. of the Estate of Andrew F. Burgan, Deceased v. City of Pittsburgh et al. Commonwealth of Pennsylvania, Department of Transportation, Appellant. The Kroger Company v. City of Pittsburgh et al. Commonwealth of Pennsylvania, Department of Transportation, Appellant. Thomas Apitsch and Patricia Apitsch v. Ram Construction Company et al. Commonwealth of Pennsylvania, Department of Transportation, Appellant. Cramer Reclamation, Inc. v. Ram Construction Company et al. Commonwealth of Pennsylvania, Department of Transportation, Appellant. Betty J. Burgan, Administratrix of the Estate of Andrew F. Burgan, Deceased v. City of Pittsburgh et al. Controlled Blasting, Inc., Appellant. Thomas Apitsch and Patricia Apitsch v. Ram Construction Company et al. Controlled Blasting, Inc., Appellant. The Kroger Company v. City of Pittsburgh et al. Controlled Blasting, Inc., Appellant. Cramer Reclamation, Inc. v. Ram Construction Company et al. Controlled Blasting, Inc., Appellant. The Kroger Company v. City of Pittsburgh et al. Ram Construction Company, Appellant.

Commonwealth Court of Pennsylvania.

May 3, 1988.

Attorney(s) appearing for the Case

Frank J. Micale, Deputy Attorney General, with him, Mark E. Garber, Chief, Tort Litigation Unit, and LeRoy S. Zimmerman, Attorney General, for appellant, Commonwealth of Pennsylvania, Department of Transportation.

Louis Anstandig, Egler, Anstandig, Garrett & Riley, for appellant/appellee, Ram Construction Company.

Robert B. Smith, Assistant City Solicitor, for appellee, City of Pittsburgh.

Robert F. McCabe, Lindsay, McGinnis, McCandless & McCabe, for appellee, A. M. Richardson & Associates, Inc.

John R. McGinley, Jr., Grogan, Graffam, McGinley & Lucchino, P.C., for appellee/appellant, Controlled Blasting, Inc.

Ira S. Lefton, with him, Eric Reif, Reed, Smith, Shaw & McClay, for The Kroger Company.

Argued October 6, 1987, before President Judge CRUMLISH, JR., Judge COLINS, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY SENIOR JUDGE BARBIERI, May 3, 1988:

These nine consolidated appeals arise out of four civil actions filed in the Allegheny County Court of Common Pleas following a rockslide alongside of Pennsylvania Route 51, also known as Saw Mill Run Boulevard, in Pittsburgh, Pennsylvania, (City) on February 16, 1983. The Pennsylvania Department of Transportation (PennDOT), Controlled Blasting, Inc. (CBI), and Ram Construction Company (Ram)1

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