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VRABEL v. COM.

844 A.2d 595 (2004)

Michael VRABEL, in his own right and as Administrator of the Estate of Scott Vrabel, deceased, v. COMMONWEALTH of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

Decided March 9, 2004.

Attorney(s) appearing for the Case

Robert McDermott, Pittsburgh, for appellant.

David M. Paul, Pittsburgh, for appellee.

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

OPINION BY Judge SIMPSON.

Commonwealth of Pennsylvania, Department of Transportation (PennDOT) appeals from an order of the Court of Common Pleas of Fayette County (trial court) denying its motion for a judgment n.o.v. PennDOT seeks judgment n.o.v.: 1) in its favor entirely, due to plaintiff Michael Vrabel's (Vrabel) failure to call an expert witness to testify the fatal accident was caused by water on the road; and, 2) in...

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