PENNSYLVANIA TURNPIKE COM'N v. JELLIG


128 Pa.Commw. 171 (1989)

563 A.2d 202

PENNSYLVANIA TURNPIKE COMMISSION, Appellant, v. Susan JELLIG and Bernard Jellig, her husband; Christopher Kiernan; Norman Cogliaitti; Stabler Construction Company; Eastern Industries, Inc., D.B.S. Transit Company; Michael Baker, Jr., Inc.; Leco Corporation; and John J. Wolf; Commonwealth of Pennsylvania, Department of Transportation, Appellees.

Commonwealth Court of Pennsylvania.

Decided July 25, 1989.

Petition for Allowance of Appeal Denied April 23, 1990.


Attorney(s) appearing for the Case

Joseph J. Musto, with him, Susan M. Rooney, Griffith, Aponick & Musto, Wilkes-Barre, Gabriel L.I. Bevilacqua, with him Leslie P. Hitchings, Saul, Ewing, Remick & Saul, Philadelphia, for appellant.

Lawrence Ludwig, Michael J. Donohue, Henkelman, Kreder, O'Connell & Brooks, William E. Wyatt, Jr., Scranton, Timothy J. Holland, Wilkes-Barre, James J. Doherty, Jr., Esq. James M. Howley, Esq. Scranton, Thomas Devlin, Deputy Atty. Gen., Harrisburg, Anthony J. Piazza, Thomas J. Nolan, Scranton, Robert Schaub, Rosenn, Jenkins & Greenwald, Wilkes-Barre, Michael Roth, Scranton, for appellees.

David L. Lutz, Angino & Rovner, P.C., Harrisburg, Pa., for Pennsylvania Trial Lawyers Ass'n, amicus curiae, for appellees.

Before CRUMLISH, Jr., President Judge, and CRAIG, DOYLE, BARRY, COLINS, PALLADINO and McGINLEY, JJ.


DOYLE, Judge.

Before us for consideration is a petition for review filed by the Pennsylvania Turnpike Commission (Commission) under the procedural scenario set out in the official note to Pa.R.A.P. 1311.1 That petition sought, first, a review of the lower court's order refusing to certify an interlocutory order for appeal by permission pursuant to Section 702(b) of the Judicial Code (Code), 42 Pa.C.S. § 702(b), and second, a review...

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