SMITH v. MOGNET


152 Pa.Commw. 302 (1992)

618 A.2d 1215

Marvin E. SMITH v. Larry W. MOGNET, Jr., Penn Eastern Corporation, and Anthony I. Shugart, Nelson P. Shugart, Pennsylvania Department of Transportation and Pennsylvania Turnpike Commission, Appeal of PENNSYLVANIA TURNPIKE COMMISSION, Appellant.

Commonwealth Court of Pennsylvania.

Decided December 22, 1992.


Attorney(s) appearing for the Case

Margaret M. Murphy, for appellant.

Bradley Davis Miller, for appellees, Mognet and Penn Eastern Corp.

Before DOYLE and SMITH, JJ., and LEDERER, Senior Judge.


DOYLE, Judge.

The Pennsylvania Turnpike Commission (Commission) appeals an order of the Court of Common Pleas of Cumberland County which granted Larry W. Mognet's and Penn Eastern Corporation's motion for judgment on the pleadings and dismissed a counterclaim filed by the Commission on the ground that it was untimely.

On June 23, 1988, Mognet struck a cow while driving a tractor trailer, owned by Penn Eastern, on the Pennsylvania Turnpike. The cow was owned...

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