YOUNG v. COM., DEPT. OF TRANSP.


714 A.2d 475 (1998)

Doris YOUNG and Diane Lynch, Administratrix of the Estate of Charles Young, Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION v. DRISCOLL CONSTRUCTION CO., INC.

Commonwealth Court of Pennsylvania.

Decided June 11, 1998.


Attorney(s) appearing for the Case

Joseph J. Schafle, Jr., Philadelphia, for appellants.

James L. McKenna, Cherry Hill, NJ, for appellee, Driscoll Const.

Before SMITH and FLAHERTY, JJ., and MIRARCHI, Jr., Senior Judge.


FLAHERTY, Judge.

Doris Young and Diane Lynch, Administratrix for the estate of Charles Young, deceased, (Appellants) appeal from an order of the Philadelphia County Court of Common Pleas (trial court) granting the Department of Transportation's (DOT) motion for summary judgment because Appellants failed to produce an expert witness. We reverse the trial court and remand for further proceedings.

The undisputed facts of record are as follows. On September 28...

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