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MULLIN v. COM.

795 A.2d 459 (2002)

Joyce C. MULLIN, Administratrix of the Estate of Crystal G.E. Vattilano and Joyce C. Mullin, Individually, v. COMMONWEALTH of Pennsylvania, Department of Transportation, West Grove Fire Company Ambulance Division, Ronald Weir and New London Township. Appeal of Commonwealth of Pennsylvania, Department of Transportation.

Commonwealth Court of Pennsylvania.

Decided March 12, 2002.

Reargument Denied May 1, 2002.

Attorney(s) appearing for the Case

John P. Capuzzi, Norristown, for appellant.

John J. Breen and Hudson L. Voltz, West Chester, for appellees.

Before DOYLE, Senior Judge, LEADBETTER, J., and FLAHERTY, Senior Judge.

OPINION BY Senior Judge DOYLE.

Appellant, the Pennsylvania Department of Transportation (DOT), appeals from an order of the Court of Common Pleas of Chester County denying DOT's motion for summary judgment.2 We reverse the order of the Common Pleas Court.

This appeal stems from a civil action resulting from a fatal vehicle accident that occurred on December 2, 1997, between an automobile driven by Crystal Vattilano (Decedent) and...

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