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GLOVER v. COM., DEPT. OF TRANSP.

167 Pa.Commw. 87 (1994)

647 A.2d 630

Agnes GLOVER, Individually and as Administratrix of the Estate of Richard Franklin Glover, and as parent and natural guardian v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Stephen Tortorello and Barbara Tortorello, his wife v. Agnes GLOVER Paul McNAMARA, Administrator of the Estate of Paul McNamara, Jr., and Paul McNamara and Shirley McNamara, Individually and as parents and natural guardians of Paul McNamara, Jr. v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Stephen Tortorello and Barbara Tortorello, his wife v. Paul McNAMARA and Shirley McNamara, and Agnes Glover, Individually and as Administratrix of the Estate of Richard Franklin Glover Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

Decided August 23, 1994.

Reargument Denied October 4, 1994.

Petitions for Allowance of Appeal Denied March 10, 1995.

Attorney(s) appearing for the Case

James R. Moyles, Sr. Deputy Atty. Gen., for appellant.

Laurence M. Kelly, for appellee Glover.

Michael J. Giangrieco, for appellees McNamara.

Before CRAIG, President Judge, and NEWMAN, J., and DELLA PORTA, Senior Judge.

DELLA PORTA, Senior Judge.

Commonwealth of Pennsylvania, Department of Transportation (DOT), appeals from the June 14, 1993 order by the Court of Common Pleas of Susquehanna County denying its Motion for Post-Trial Relief. We reverse.

Agnes Glover and Paul and Shirley McNamara (collectively, Plaintiffs) brought wrongful death and survival actions against DOT, Stephen and Barbara Tortorello, and Ethna...

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