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PENNSYLVANIA STATE POLICE v. KLIMEK

839 A.2d 1173 (2003)

PENNSYLVANIA STATE POLICE, Petitioner v. Stanley KLIMEK, Administrator of the Estate of Gary G. Klimek, Deceased, and Stanley Klimek and Shirley Klimek, individually, Respondent.

Commonwealth Court of Pennsylvania.

Decided October 10, 2003.

Publication Ordered January 5, 2004.

Attorney(s) appearing for the Case

Howard G. Hopkirk, Harrisburg, for appellant.

Thomas B. Helbig, Scranton, for appellee.

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

OPINION BY JUDGE PELLEGRINI.

The Pennsylvania State Police (State Police) appeal from an interlocutory order of the Court of Common Pleas of Lackawanna County (trial court) denying its motion for summary judgment wherein it argued that Stanley and Shirley Klimek's (Klimeks) claims did not fall within any of the statutory exceptions to sovereign immunity.

On February 24, 1996, the State Police arrested Gary G. Klimek (Deceased) on a charge of driving under...

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