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KOSMACK v. JONES

807 A.2d 927 (2002)

Irene V. KOSMACK and Norman C. McGaughey, Administrators of the Estate of Joseph George Kosmack, Deceased, Irene V. Kosmack and Norman C. McGaughey, Administrators of the Estate of Jayne Ann Kosmack, Deceased; David Scott Carter and Norman C. McGaughey, Administrators C.T.A. of the Estate of Phyllis Jane Ward, deceased, David Scott Carter, Administrator of the Estate of Mary Ward Carter, deceased, v. James C. JONES, an individual and National Freight, Inc., a corporation, v. Pennsylvania Department of Transportation, Appellant, Thomas A. Gaudlip and Linda Gaudlip, v. Irene V. Kosmack and Norman C. McGaughey, Administrators of the Estate of Joseph George Kosmack, Deceased, Irene V. Kosmack and Norman C. McGaughey, Administrators of the Estate of Jayne Ann Kosmack, Deceased; David Scott Carter and Norman C. McGaughey, Administrators C.T.A. of the Estate of Phyllis Jane Ward, deceased, David Scott Carter, Administrator of the Estate of Mary Ward Carter, deceased; Joseph G. Kosmack, Thomas A. Gaudlip, Brian Albright, Bruce Eberhart, James C. Jones, National Freight, Inc. and Pennsylvania Department of Transportation, Appeal of Pennsylvania Department of Transportation.

Commonwealth Court of Pennsylvania.

Decided August 26, 2002.

Reconsideration and Reargument Denied October 21, 2002.

Attorney(s) appearing for the Case

Brian H. Baxter, Pittsburgh, for appellant.

Gerard J. Cipriani, Pittsburgh, for appellee.

Richard H. Galloway, Greensburg, for appellees, The Kosmack Estates and Carter Estate.

Before SMITH-RIBNER, J., LEADBETTER, J., and MIRARCHI, Jr., Senior Judge.

OPINION BY Judge LEADBETTER.

The Pennsylvania Department of Transportation (PennDOT) appeals from the entry of judgment in favor of the Estates of Joseph Kosmack, Jane Kosmack, Phyllis Ward, and Mary Carter (the Kosmack family) by the Court of Common Pleas of Cambria County.

Although the record in this case is voluminous and encompasses three cases involving dozens of parties, the facts pertinent to our disposition may be summarized as follows. This case arises...

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