RUCH v. CITY OF PHILADELPHIA


138 Pa.Commw. 68 (1991)

587 A.2d 830

Agnes E. RUCH and Richard C. Ruch v. CITY OF PHILADELPHIA and Commonwealth of Pennsylvania, Department of Transportation. Appeal of CITY OF PHILADELPHIA.

Commonwealth Court of Pennsylvania.

Decided February 13, 1991.

Reargument Denied April 4, 1991.


Attorney(s) appearing for the Case

Alan C. Ostrow, Asst. City Sol., with him, Charisse R. Lillie, City Sol., Norma S. Weaver, Chief Deputy in Charge of Claims, and Miriam B. Brenaman, Divisional Deputy in Charge of Appeals, Philadelphia, for appellant.

Kathleen B. O'Connell, Deputy Atty. Gen., with her, Alton G. Grube, Sr. Deputy Atty. Gen., Philadelphia, for appellee, Dept. of Transp.

Martin G. Rubenstein, Levy, Angstreich, Finney, Mann & Burkett, P.C., and John F. Gehring, Philadelphia, for appellees Agnes and Richard Ruch.

Before CRAIG, President Judge, BYER, J., and CRUMLISH, Jr., Senior Judge.


CRAIG, President Judge.

The City of Philadelphia, a defendant, appeals an order of the Court of Common Pleas of Philadelphia County granting summary judgment in favor of defendant Commonwealth of Pennsylvania, Department of Transportation (Commonwealth) against the city and plaintiffs Agnes and Richard Ruch, and determining that liability for the plaintiffs' injury from a street defect could be imposed only on the city.

The facts of this case, as stipulated...

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