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KAHRES v. HENRY

801 A.2d 650 (2002)

Janet T. KAHRES, Individually, and as Executrix of the Estate of William G. Kahres, Jr., Deceased, Appellant, v. John G. HENRY and Esther M. Henry, Individually and as Husband and Wife, and Hillside Haven, Inc. t/a Jack and Snooky's Hillside Haven, Michael Stump, Ray Allen Noll, Jasanjo Inc. t/a Chem Seal of Berks, Rodney A. Muthard, Mary Jane Muthard, Commonwealth of Pennsylvania, Department of Transportation. Janet T. Kahres, v. John G. Henry and Esther M. Henry, Individually and as Husband and Wife, and Hillside Haven, Inc. t/a Jack and Snooky's Hillside Haven.

Commonwealth Court of Pennsylvania.

Decided June 25, 2002.

Attorney(s) appearing for the Case

Eric I. Lerner, Philadelphia, for appellant.

John W. Stahl, Allentown, for appellees.

Before McGINLEY, Judge, and LEAVITT, Judge, and MIRARCHI, Jr., Senior Judge.

OPINION BY Senior Judge MIRARCHI, Jr.

Janet T. Kahres (Kahres) appeals, on her behalf and as executrix of the estate of her husband, William G. Kahres, Jr., from an order of the Court of Common Pleas of Berks County that entered summary judgment in favor of the Commonwealth of Pennsylvania, Department of Transportation (DOT) and against her and other defendants. We affirm.

The record reveals the following relevant facts. During the winter months in 1994, the...

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