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McKINNEY v. CITY OF PHILA. ET AL.

No. 522 C.D. 1988.

123 Pa.Commw. 144 (1989)

552 A.2d 1169

Julita Rizos McKinney, Individually and as Administratrix of the Estate of Celina R. Duran v. City of Philadelphia, Commonwealth of Pennsylvania, Department of Transportation and Southeastern Pennsylvania Transportation Authority and Francis J. Posselt and Joan C. Posselt. City of Philadelphia, Appellant.

Commonwealth Court of Pennsylvania.

January 26, 1989.

Attorney(s) appearing for the Case

Alan C. Ostrow, Assistant City Solicitor, with him, Seymour Kurland, City Solicitor, Norma S. Weaver, Chief Deputy in Charge of Claims, and Barbara R. Axelrod, for appellant.

Edward H. Rubenstone, Groen, Laveson, Goldberg & Rubenstone, for appellee.

Argued September 13, 1988, before President Judge CRUMLISH, JR., Judge SMITH, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY JUDGE SMITH, January 26, 1989:

Appellant, City of Philadelphia (City), appeals from the February 3, 1988 order of the Court of Common Pleas of Philadelphia County which denied Appellant's Motion for Judgment on the Pleadings in a negligence action filed by Appellee seeking damages arising out of the death of her daughter on May 22, 1985.

Questions presented are essentially whether governmental...

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