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COM., DEPT. OF TRANSP. v. WELLER

133 Pa.Commw. 18 (1990)

574 A.2d 728

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant, v. Helen M. WELLER, Administratrix of the Estate of Robert Charles Weller, Sr., Deceased, and Helen M. Weller, Individually, Appellee.

Commonwealth Court of Pennsylvania.

Decided April 20, 1990.

Rehearing Denied June 6, 1990.

Attorney(s) appearing for the Case

Brian H. Baxter, Sr. Deputy Atty. Gen., with him, Mark E. Garber, Chief, Tort Litigation Unit, and Ernest D. Preate, Jr., Atty. Gen., for appellant.

Charles L. Bell, Jr., Rosenberg, Sewak, Pizzi & Pell, P.C., Washington, for appellee.

Before CRAIG and PALLADINO, JJ., and NARICK, Senior Judge.

CRAIG, Judge.

The Commonwealth of Pennsylvania, Department of Transportation (DOT) appeals an order by Judge Rodgers of the Court of Common Pleas of Washington County awarding Helen M. Weller, daughter of Robert C. Weller (decedent), survival action damages in the amount of $368,865 and wrongful death action damages in the amount of $100,000.1

At approximately 5:30 a.m....

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