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HARSH v. PETROLL

840 A.2d 404 (2003)

Eugene S. HARSH, Lois E. Harsh, Cheryl L. Zwoyer, Co-Administrators for the Estate of Douglas Lee Harsh, deceased; Carol A. Zwoyer, Charles J. Zwoyer, Jr., Cheryl L. Zwoyer, Co-Administrators for the Estate of Connie J. Harsh, deceased; and Cheryl L. Zwoyer, Administratrix for the Estate of Tyler D. Harsh, deceased, v. Frederick W. PETROLL and HAC Farm Lines Agricultural Cooperative Association and Cyned (a/k/a Sined) Transport Corporation and Pennsylvania Department of Transportation and General Motors Corporation and Chevrolet Motor Division, General Motors Corporation and Jim McKay Chevrolet, Inc. Appeal of General Motors Corporation. Eugene S. Harsh, Lois E. Harsh, Cheryl L. Zwoyer, Co-Administrators for the Estate of Douglas Lee Harsh, deceased; Carol A. Zwoyer, Charles J. Zwoyer, Jr., Cheryl L. Zwoyer, Co-Administrators for the Estate of Connie J. Harsh, deceased; and Cheryl L. Zwoyer, Administratrix for the Estate of Tyler D. Harsh, deceased, v. Frederick W. Petroll and HAC Farm Lines Agricultural Cooperative Association and CYNED (A/K/A SINED) Transport Corporation and Pennsylvania Department of Transportation and General Motors Corporation and Chevrolet Motor Division, General Motors Corporation and Jim McKay Chevrolet, Inc. Appeal of General Motors Corporation. Eugene S. Harsh, Lois E. Harsh, Cheryl L. Zwoyer, Co-Administrators for the Estate of Douglas Lee Harsh, deceased; Carol A. Zwoyer, Charles J. Zwoyer, Jr., Cheryl L. Zwoyer, Co-Administrators for the Estate of Connie J. Harsh, deceased; and Cheryl L. Zwoyer, Administratrix for the Estate of Tyler D. Harsh, deceased, v. Frederick W. Petroll and HAC Farm Lines Agricultural Cooperative Association and CYNED (a/k/a SINED) Transport Corporation and Pennsylvania Department of Transportation and General Motors Corporation and Chevrolet Motor Division, General Motors Corporation, and Jim McKay Chevrolet, Inc. Appeal of Frederick W. Petroll and HAC Farm Lines Agricultural Cooperative Association and Cyned Transport Corporation. Eugene S. Harsh, Lois E. Harsh, Cheryl L. Zwoyer, Co-Administrators for the Estate of Douglas Lee Harsh, deceased; Carol A. Zwoyer, Charles J. Zwoyer, Jr., Cheryl L. Zwoyer, Co-Administrators for the Estate of Connie J. Harsh, deceased; and Cheryl L. Zwoyer, Administratrix for the Estate of Tyler D. Harsh, deceased, v. Frederick W. Petroll and HAC Farm Lines Agricultural Cooperative Association and CYNED (a/k/a/ SINED) Transport Corporation and Pennsylvania Department of Transportation and General Motors Corporation and Chevrolet Motor Division, General Motors Corporation, and Jim McKay Chevrolet, Inc. Appeal of Frederick W. Petroll and HAC Farm Lines Agricultural Cooperative Association and Cyned Transport Corporation.

Commonwealth Court of Pennsylvania.

Decided December 10, 2003.

Reargument Denied February 5, 2004.

Attorney(s) appearing for the Case

Thomas Finarelli, Philadelphia, for appellant, General Motors Corporation.

William A. Atlee, Jr., Lancaster and Carl D. Buchholz, Philadelphia, for appellees.

BEFORE: PELLEGRINI, Judge, and FRIEDMAN, Judge, and KELLEY, Senior Judge.

OPINION BY Judge PELLEGRINI.

General Motors Corporation (GM) and Frederick W. Petroll, HAC Farm Lines Agricultural Cooperative Association and Cyned Transport Corporation (collectively, Petroll Defendants) appeal from an order of the Honorable Lawrence F. Stengel of the Court of Common Pleas of Lancaster County (trial court) denying their post-trial motions and affirming the judgment imposing damages between them for their...

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