ARIONDO v. MUNSEY ET AL.

Nos. 2184 C.D. 1987, 2185 C.D. 1987, 2186 C.D. 1987, 2285 C.D. 1987, 2290 C.D. 1987, 226 C.D. 1988, 313 C.D. 1988 and 314 C.D. 1988.

122 Pa.Commw. 475 (1989)

553 A.2d 94

Joseph James Ariondo v. Keith Alan Munsey and Commonwealth of Pennsylvania, Department of Transportation. Commonwealth of Pennsylvania, Department of Transportation, Appellant. Penny Sue Conner v. Keith Alan Munsey and Comcomwealth of Pennsylvania, Department of Transportation. Commonwealth of Pennsylvania, Department of Transportation, Appellant. Lorraine Gentile, Administratrix of the Estate of Salvatore J. Gentile, Deceased v. Keith Alan Munsey and Commonwealth of Pennsylvania, Department of Transportation. Commonwealth of Pennsylvania, Department of Transportation, Appellant. Penny Sue Conner, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, and Keith Alan Munsey, Appellees. Lorraine Gentile, Administratrix of the Estate of Salvatore J. Gentile, Deceased, Appellant v. Keith Alan Munsey and Commonwealth of Pennsylvania, Department of Transportation, Appellees. Lorraine Gentile, Administratrix of the Estate of Salvatore J. Gentile, Deceased, Appellant v. Keith Alan Munsey and Commonwealth of Pennsylvania, Department of Transportation, Appellees. Joseph James Ariondo, Appellant v. Keith Alan Munsey and Commonwealth of Pennsylvania, Department of Transportation, Appellees. Penny Sue Conner, Appellant v. Keith Alan Munsey and Commonwealth of Pennsylvania, Department of Transportation, Appellees.

Commonwealth Court of Pennsylvania.

January 6, 1989.


Attorney(s) appearing for the Case

Frank J. Micale, Deputy Attorney General, with him, Mark E. Garber, Chief, Tort Litigation Unit, and LeRoy S. Zimmerman, Attorney General, for appellant/ appellee, Department of Transportation.

Thomas A. Berret, Meyer, Unkovic & Scott, for appellant/appellee, Penny Sue Conner.

Raymond J. Seals, for appellant/appellee, Lorraine Gentile, Administratrix of the Estate of Salvatore J. Gentile, Deceased.

Harold Gondelman, Gondelman, Baxter, Yatch & Trimm, for appellant/appellee, Joseph James Ariondo.

Arthur R. Gorr, Gorr, Dell & Loughney, with him, John W. Jordan IV, Grigsby, Gaca & Davies, P.C., for appellee, Keith Alan Munsey.

Argued May 23, 1988, before Judges DOYLE and BARRY, and Senior Judge BARBIERI, sitting as a panel of three.


OPINION BY JUDGE BARRY, January 6, 1989:

On December 29, 1983, Keith Alan Munsey was driving a moving van north on Route 28 in Shaler Township. His vehicle crossed over the center lines of the highway and hit a pick-up truck being driven in a southerly direction by Salvatore Gentile. Mr. Gentile was killed in that accident. His estate brought an action against Munsey alleging negligent operation of his vehicle...

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