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FRAZIER v. COM. PA STATE, POLICE

845 A.2d 253 (2004)

Frances FRAZIER and Larry Frazier, Administrators of the Estate of Cory R. Frazier, Deceased and Frances Frazier and Larry Frazier, Individually, v. COMMONWEALTH of Pennsylvania, Pennsylvania State Police, Jenner Township, Conemaugh Township and Trooper David Holtzman. Appeal of Commonwealth of Pennsylvania, Pennsylvania State Police and Trooper David Holtzman.

Commonwealth Court of Pennsylvania.

Decided March 24, 2004.

Attorney(s) appearing for the Case

John G. Knorr, II, Pittsburgh, for appellant.

Robert P. Ging, Jr., Confluence, for appellee.

BEFORE: COLINS, President Judge, and SIMPSON, J. (P), and McCLOSKEY, Senior Judge.

OPINION BY Judge SIMPSON.

The Pennsylvania State Police (PSP) appeal an interlocutory order of the Court of Common Pleas of Somerset County (trial court) denying its motion for judgment on the pleadings. We are asked whether the PSP and an individual state trooper owe a duty of care to a driver who flees. We hold they do not.

On the evening of September 3, 1999, Cory Frazier (Frazier) was driving his vehicle along...

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