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ALLEN v. MELLINGER

784 A.2d 762 (2001)

Elizabeth A. ALLEN, Appellant, v. Kenneth E. MELLINGER and Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Supreme Court of Pennsylvania.

Decided November 20, 2001.

Attorney(s) appearing for the Case

Roda & Nast, P.C., Joseph F. Roda, Eric L. Keepers, Lancaster, for Elizabeth A. Allen.

D. Michael Fisher, Attorney General, Calvin R. Koons, Sr. Chief Deputy Attorney General, John G. Knorr, III, Deputy Attorney General, for Com., Dept. of Transportation.

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

OPINION

ZAPPALA, Justice:

In this appeal, we re-examine the interplay between the procedural rule governing delay damages in civil actions (Pa.R.C.P.238) and the statutory provisions governing sovereign immunity (42 Pa.C.S. § 8521 et seq.) and joint and several liability (42 Pa.C.S. § 7102(b)).

On May 31, 1989, Appellant Elizabeth A. Allen commenced a personal injury action against Appellees Kenneth E. Mellinger and the Commonwealth...

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