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McCALMONT v. PA. TURNPIKE COMMISSION

No. 2275-S-1985.

50 Pa. D. & C. 3d 28 (1988)

McCalmont v. Pennsylvania Turnpike Commission

Common Pleas Court of Dauphin County, Pennsylvania.

October 17, 1988.

Attorney(s) appearing for the Case

Barton A. Haines, for plaintiffs Jack McCalmont and Eleanor McCalmont.

William B. Joachim Jr., for plaintiffs Robert Walsh and Olga Walsh.

James R. Moyes and Mark E. Garber Jr., for defendant PennDOT.

Gabriel L.I. Bevilacqua, for defendant Pennsylvania Turnpike Commission.

DOWLING, J., October 17, 1988.

Defendants' motions for summary judgment pose novel questions concerning the meaning and scope of the legislatively created exceptions to sovereign immunity. 42 Pa.C.S. §8521 et seq. The Pennsylvania Department of Transportation and the Pennsylvania Turnpike Commission each contend that they are immune and that plaintiffs' allegations of negligence fail to place their cause of action within any of the nine exceptions to sovereign...

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