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STONG v. COM.

817 A.2d 576 (2003)

Marsha STONG, personal representative of the Estate of Robert Stong, Deceased, on behalf of the Estate of Robert Stong and on behalf of Marsha Stong and John Stong, the intestate heirs of Robert Stong, v. COMMONWEALTH of Pennsylvania, Department of Transportation and Sabrina C. Day. Appeal of Commonwealth of Pennsylvania, Department of Transportation. Marsha Stong, personal representative of the Estate of Robert Stong, Deceased, on behalf of the Estate of Robert Stong and on behalf of Marsha Stong and John Stong, the intestate heirs of Robert Stong, Appellants, v. Commonwealth of Pennsylvania Department of Transportation and Sabrina C. Day.

Commonwealth Court of Pennsylvania.

Decided February 24, 2003.

Attorney(s) appearing for the Case

Daniel R. Goodemonte, Harrisburg, for appellant, Dept. of Transportation.

Gary T. Harris and Clifford A. Rieders, Williamsport, for appellant, M. Stong.

Jefferson J. Shipman, Harrisburg, for appellee, S. Day.

BEFORE: COLINS, President Judge, and McGINLEY, J., SMITH-RIBNER, J., PELLEGRINI, J., FRIEDMAN, J., COHN, J., and SIMPSON, J.

OPINION BY Judge SIMPSON.

Marsha Stong (Plaintiff) and the Commonwealth of Pennsylvania, Department of Transportation (PennDOT) appeal the order of the Court of Common Pleas of Lycoming County (trial court), which, following a jury verdict in favor of defendants PennDOT and Sabrina Day (Day), granted, in part, Plaintiff's post-trial motions and ordered a new trial as to Penn-DOT. PennDOT challenges the trial court's award...

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