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TORK-HIIS v. COM.

558 Pa. 170 (1999)

735 A.2d 1256

Ingrid Viive TORK-HIIS and Lembit Andres Tork, Executors of the Estate of Inge Ilme Tork and Ingrid Viive-Hiis and Lembit Andres Tork, Executors of the Estate of Andres Tork, v. COMMONWEALTH of Pennsylvania, John Doe I and John Doe II, Appeal of Commonwealth of Pennsylvania.

Supreme Court of Pennsylvania.

Decided August 18, 1999.

Reargument Denied October 14, 1999.

Attorney(s) appearing for the Case

D. Michael Fisher, Attorney General, Calvin R. Koons, Sr. Deputy Attorney General, John G. Knorr, III, Chief Deputy Attorney General, Gerald J. Pappert, 1st Deputy Attorney General, Office of Attorney General, for Com.

Howard A. Rothenberg, Clarks Summit, Stephen G. Breset, for Ingrid Viive Tork-Hiis, et al.

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

OPINION OF THE COURT

FLAHERTY, Chief Justice.

This is an appeal by allowance from an en banc judgment of the commonwealth court, which reversed the judgment of the trial court and expressly overruled its own precedent. The issue is whether a complaint against the Commonwealth of Pennsylvania in a tort action for damages may be amended to substitute a commonwealth agency or employee after the statute of limitations has run.

Inge and Andres...

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