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COM. v. BENDAS

131 Pa.Commw. 488 (1990)

570 A.2d 1360

COMMONWEALTH of Pennsylvania, Appellant, v. Robert A. BENDAS and Martin T. Bendas, Township of White Deer, Merrill C. Perry and Marilyn B. Perry, Appellees. COMMONWEALTH of Pennsylvania v. Merrill C. PERRY and Marilyn B. Perry, husband and wife, Robert A. Bendas, Township of White Deer, Appellees.

Commonwealth Court of Pennsylvania.

Decided February 6, 1990.

Reargument Denied March 28, 1990.

Attorney(s) appearing for the Case

Thomas M. Devlin, Deputy Atty. Gen., Torts, Litigation Section, for appellant.

Brad M. Jackman, with him, Charles H. Saylor and Thomas E. Boop, Sunbury, Jackman and Dixon, Doylestown, for appellees.

Before CRUMLISH, Jr., President Judge, and COLINS and McGINLEY, JJ.

OPINION

CRUMLISH, Jr., President Judge.

The Commonwealth, Department of Transportation (DOT), appeals a Union County Common Pleas Court order which, in pertinent part, denied its motion for summary judgment.1 We affirm.

This controversy arises out of an accident in which an automobile driven by Robert Bendas collided with Merrill Perry's vehicle at the intersection of Legislative Route (L.R.) 475, a Commonwealth highway...

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