PennDOT v. BROWN ET AL.

Nos. 419 C.D. 1987, 969 C.D. 1987 and 2862 C.D. 1987.

125 Pa.Commw. 372 (1989)

558 A.2d 121

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. Cheryl Lynn Brown, Appellee. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant v. David A. Clayton, Sr., Appellee. Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Mark D. Boros, Appellee. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. Paul E. Humbert, Sr., Appellee.

Commonwealth Court of Pennsylvania.

April 5, 1988.

September 20, 1988

October 25, 1988.

April 25, 1989.


Attorney(s) appearing for the Case

Melissa K. Dively, Assistant Counsel, with her, Robert C. Bell, Assistant Counsel, Harold H. Cramer, Assistant Chief Counsel, and John L. Heaton, Chief Counsel, for appellant.

Thomas O. Vreeland, McCune and Vreeland, for appellee, Cheryl Lynn Brown.

Thomas J. Graham, for appellee, David A. Clayton, Sr.

Thomas B. Kostolansky, for appellee, Mark D. Boros.

Ewing D. Newcomer, Newcomer & Newcomer, for appellee, Paul E. Humbert.

Submitted on briefs July 12, 1988, April 5, 1988, September 20, 1988 and October 25, 1988, to Judges CRAIG and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.


OPINION BY JUDGE CRAIG, April 25, 1989:

These four cases involve review of the Pennsylvania Department of Transportation's (DOT) recall of the appellees' motor vehicle and school bus drivers' licenses pursuant to department regulations, because the drivers suffer from certain chronic conditions such as epilepsy and heart disease. The key issue is whether, after DOT has shown the existence of a specified diagnosis of one of these conditions, the driver may, by way...

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