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LEONE v. COM., DEPT. OF TRANSP.

780 A.2d 754 (2001)

Pasquale LEONE and Mary Ann Leone, h/w, Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION and Philadelphia Gas Works and Southeastern Pennsylvania Transportation Authority, v. John Ciervo, d/b/a John Ciervo Plumbing and Heating, v. John Rogalski and Edwin Rogalski, v. Broderick Contracting and City of Philadelphia. Pasquale LEONE and Mary Ann Leone, h/w, Appellants, v. City of Philadelphia.

Commonwealth Court of Pennsylvania.

Decided July 9, 2001.

Attorney(s) appearing for the Case

Iris S. Pincus, Philadelphia, for appellants.

Alan C. Ostrow, Philadelphia, for appellees.

Before DOYLE, President Judge, KELLEY, Judge, and FLAHERTY, Senior Judge.

FLAHERTY, Senior Judge.

Pasquale Leone (Leone) and Mary Ann Leone (collectively, Appellants) appeal from an order of the Court of Common Pleas of Philadelphia County (trial court), which granted the motion for non-suit presented by the City of Philadelphia (City), thus dismissing Appellants' negligence action against the City.

In December 1995, the City received notice of a water leak on Torresdale Avenue, a state highway, in the City of Philadelphia. Following...

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