SICKLES v. CONSOLIDATED RAIL CORP.


777 A.2d 1240 (2001)

Daniel C. SICKLES and Lorelei E. Sickles, individually and as Administrators of Estate of Sigrid A. Sickles, Deceased, v. CONSOLIDATED RAIL CORPORATION, Borough of Emmaus and Commonwealth of Pennsylvania, Department of Transportation, Appeal of Commonwealth of Pennsylvania, Department of Transportation.

Commonwealth Court of Pennsylvania.

Decided June 1, 2001.


Attorney(s) appearing for the Case

William A. Slotter, Allentown, for appellant.

Michael P. McIntyre, Allentown, for appellees.

Before PELLEGRINI, J., KELLEY, J., and FLAHERTY, Senior Judge.


FLAHERTY, Senior Judge.

The Department of Transportation (DOT) appeals from an order of the Court of Common Pleas of Lehigh County (trial court) denying its motion for summary judgment. We reverse.

On February 8, 1997, Sigrid A. Sickles died after she was struck by a train owned by Consolidated Rail Corp. (Conrail) while driving across the South Second Street railroad crossing in the Borough of Emmaus (Borough). The crossing involved a Borough street and Conrail...

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