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LEONARD v. COM., DEPT. OF TRANSP.

723 A.2d 735 (1998)

Harold LEONARD and Angela Leonard, his wife, Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION; and Perini Corp.; and Peter Kiewit and Son Company; and Kiewit Eastern Co., incorrectly identified as Kiewit Eastern Corporation; and Kiewit/Perini, a Joint Venture; and High Steel Structures, Inc.; and Cornell and Company; and Construction Methods and Coordination, Inc. (CMC).

Commonwealth Court of Pennsylvania.

Decided December 30, 1998.

Reargument Denied February 22, 1999.

Attorney(s) appearing for the Case

Louis A. Perez, Jr., Philadelphia, for appellants.

Jeffrey N. German, Philadelphia, for appellee, Kiewit/Perini.

Victoria M. Komarnicki, Philadelphia, for appellee, DOT.

Anne Manero, Philadelphia, for appellee, High Steel.

Before KELLEY, J., LEADBETTER, J., and MIRARCHI, Jr., Senior Judge.

KELLEY, Judge.

Harold and Angela Leonard appeal from an order of the Court of Common Pleas of Delaware County (trial court). The trial court's order denied the Leonards' motion for post-trial relief requesting the removal of the compulsory nonsuits entered in favor of all defendants. We affirm.

The Pennsylvania Department of Transportation (DOT), entered into a contract with Kiewit Eastern Company and Perini Corporation (Kiewit/Perini) on June 14, 1988 for...

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