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BAER v. COM., DEPT. OF TRANSP.

713 A.2d 189 (1998)

Richard L. BAER and Mary J. Baer, Executors of the Estate of Jennet Hersh a/k/a Jennet L. Frazee, Deceased, Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION. Suzette JACKSON and Larry Jackson, Individually; Suzette M. Jackson, Administratrix of the Estate of Marissa Jackson, Deceased; Suzette M. Jackson, as Trustee Ad Litem on Behalf of the Heirs of Jennet Hersh, Deceased, Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION v. Albert H. HERSH.

Commonwealth Court of Pennsylvania.

Decided June 17, 1998.

Attorney(s) appearing for the Case

Michael H. Rosenzweig, Pittsburgh, for appellants.

Brian H. Baxter, Senior Deputy Atty. Gen., Pittsburgh, for appellee, Dept. of Transp.

John G. Shorall, Pittsburgh, for amicus curiae, City of Pittsburgh.

Before COLINS, President Judge, and McGINLEY, SMITH, PELLEGRINI, FRIEDMAN, KELLEY and LEADBETTER, JJ.

FRIEDMAN, Judge.

Suzette Jackson and Larry Jackson, individually, and Suzette Jackson as administratrix of the estate of Marissa Jackson, her daughter, and as trustee ad litem on behalf of the heirs of Jennet Hersh, her mother, (collectively, Appellants) appeal from an order of the Court of Common Pleas of Somerset County (trial court) which granted the summary judgment motion filed by the Commonwealth of Pennsylvania, Department of Transportation (DOT).

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