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COM., DEPT. OF TRANSP. v. KMETZ

129 Pa.Commw. 97 (1989)

564 A.2d 1040

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant, v. George J. KMETZ and Victoria S. Kmetz, City of Nanticoke and Wyoming Valley Sanitary Authority, Appellees.

Commonwealth Court of Pennsylvania.

Decided October 5, 1989.

Attorney(s) appearing for the Case

Thomas M. Devlin, Deputy Atty. Gen., Torts Litigation Section, Office of Atty. Gen., Harrisburg, for appellant.

Maurice A. Cardone, Wilkes-Barre, Richard G. Fine, Scranton, George A. Spohrer, Joseph F. Iracki, Wilkes-Barre, for appellees.

Before BARRY and PALLADINO, (P.), JJ., and BARBIERI, Senior Judge.

OPINION

BARRY, Judge.

Appellees,1 George and Victoria Kmetz, instituted this action against the Commonwealth of Pennsylvania, Department of Transportation (Department), to recover damages resulting from the continual collapse of the roadway in front of the appellees' home. The action was commenced by writ of summons on March 17, 1988, and, after being ruled to do so, appellees served and filed their complaint on May 23, 1988...

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