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COM., DEPT. OF TRANSP. v. PATTON

546 Pa. 562 (1997)

686 A.2d 1302

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant, v. W. Donald PATTON, Administrator of the Estate of Brenda L. Patton, Deceased, Appellee.

Supreme Court of Pennsylvania.

Decided January 14, 1997.

Attorney(s) appearing for the Case

John M. Abel, Norristown, for Appellant.

William Haggerty, James C. Haggerty, Scott J. Tredwell, Philadelphia, for Appellee.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE and NIGRO, JJ.

OPINION OF THE COURT

FLAHERTY, Chief Justice.

This case involves a tort claim against the Commonwealth of Pennsylvania, Department of Transportation (PennDOT), appellant, due to alleged negligence in maintaining the right-of-way on a public road. The sole issue pertains to the jury instructions, in which the trial court refused to give PennDOT's requested instruction pertaining to notice of the dangerous condition.

On June 1, 1988, Brenda...

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