SUSKO v. PENNSYLVANIA STATE POLICE


132 Pa.Commw. 263 (1990)

572 A.2d 831

Valerie SUSKO v. PENNSYLVANIA STATE POLICE, a Governmental Agency; Commonwealth of Pennsylvania, Department of Transportation, a Governmental Agency; and Thomas F. Hershberger, an individual, and Kenneth M. Adams. Appeal of Kenneth M. ADAMS. Kenneth M. ADAMS, Appellant, v. PENNSYLVANIA STATE POLICE, a Governmental Agency; Commonwealth of Pennsylvania, Department of Transportation, a Governmental Agency, and Thomas F. Hershberger, an individual, Appellees. Valerie SUSKO, Appellant, v. PENNSYLVANIA STATE POLICE, a Governmental Agency; Commonwealth of Pennsylvania, Department of Transportation, a Governmental Agency; and Thomas F. Hershberger, an individual, Appellees.

Commonwealth Court of Pennsylvania.

Decided March 27, 1990.


Attorney(s) appearing for the Case

Heather S. Heidlbaugh, with her, Howard F. Messer, Messer, Shilobod & Crenney, and Daniel R. Gigler, Robb, Leonard & Mulvihill, Pittsburgh, for appellants, Valerie Susko and Kenneth M. Adams.

Brian H. Baxter, Sr. Deputy Atty. Gen., with him, Mark E. Garber, Chief, Tort Litigation Unit, Harrisburg, and Ernest D. Preate, Jr., Scranton, for appellee, Pennsylvania State Police.

William J. Stokan, Sullivan, Forr, Stokan & Huff, Altoona, for appellee, Thomas F. Hershberger.

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


NARICK, Senior Judge.

Kenneth M. Adams (Adams) and Valerie Susko (Susko) appeal the Bedford County Common Pleas Court's order granting judgment on the pleadings in favor of Thomas F. Hershberger (Hershberger) and the Pennsylvania State Police (PA State Police). We affirm.

Adams's and Susko's identical complaints contain the following factual allegations. At 8:15 a.m. on May 26, 1985, Hershberger fell asleep at the wheel of his automobile while traveling in...

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