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HICKS v. S.E. PA. TRANSP. AUTH.

139 Pa.Commw. 54 (1991)

590 A.2d 31

Geraldine HICKS and Arthur Hicks v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY and City of Philadelphia and Commonwealth of Pennsylvania, Department of Transportation. Appeal of SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY.

Commonwealth Court of Pennsylvania.

Decided April 9, 1991.

Reargument Denied June 3, 1991.

Petition for Allowance of Appeal Denied October 31, 1991.

Attorney(s) appearing for the Case

Joan A. Zubras, Philadelphia, for appellant.

Brian K. Wiley, Deputy Atty. Gen., with him, Ernest D. Preate, Jr., Atty. Gen., for appellee.

Before PALLADINO and KELLEY, JJ., and CRUMLISH, Jr., Senior Judge.

PALLADINO, Judge.

The Southeastern Pennsylvania Transportation Authority (SEPTA) appeals from an order of the Court of Common Pleas of Philadelphia County (trial court) sustaining the preliminary objection of the Commonwealth of Pennsylvania, Department of Transportation (DOT) and dismissing all claims and crossclaims against DOT. We reverse.

The underlying action is a claim for damages resulting from...

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