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CITY OF PHILADELPHIA v. KLUSKA

134 Pa.Commw. 511 (1990)

579 A.2d 1006

The CITY OF PHILADELPHIA, Appellant, v. Theodore S. KLUSKA, Individually and as Administrator of the Estate of Elizabeth Kluska, Deceased, Appellee.

Commonwealth Court of Pennsylvania.

Decided August 22, 1990.

Attorney(s) appearing for the Case

Miriam B. Brenaman, Divisional Deputy For Appeals, Philadelphia, for appellant.

Stephen R. Bolden, with him, Debra Schwaderer Dunne, Fell and Spalding, Philadelphia, for appellee.

Before PALLADINO and McGINLEY, JJ., and BARRY, Senior Judge.

McGINLEY, Judge.

The City of Philadelphia (City) appeals from an order of the Court of Common Pleas of Philadelphia County (trial court) which denied the City's post-trial motions and awarded Gerald Kluska, beneficiary of the late Theodore Kluska, $145,068.48 in delay damages in addition to an earlier jury verdict awarding Gerald Kluska $250,000.00 for the wrongful death of his mother, Elizabeth Kluska (Decedent). The controlling issue presented for our determination...

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