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MAGILL v. COM., DEPT. OF TRANSP.

131 Pa.Commw. 627 (1990)

571 A.2d 539

Douglas MAGILL, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellee.

Commonwealth Court of Pennsylvania.

Decided March 7, 1990.

Petition for Allowance of Appeal Denied July 31, 1990.

Attorney(s) appearing for the Case

Joanne W. Rathgeber, J.W. Rathgeber & Associates, Doylestown, for appellant.

Robert L. Gallagher, Deputy Atty. Gen., with him, Ernest D. Preate, Jr., Atty. Gen., for appellee.

Before BARRY, COLINS (P.), and SMITH, JJ.

OPINION

BARRY, Judge.

Douglas Magill appeals an order of the Court of Common Pleas of Montgomery County which granted a compulsory non-suit and dismissed his complaint against the Commonwealth of Pennsylvania's Department of Transportation (DOT).

On May 2, 1985, Magill was seriously injured when the car he was driving struck a guide rail on Pennsylvania Route 63 in Montgomery County. In February of 1986, Magill informed DOT of his intention to file...

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