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KINCEL v. COM., DEPT. OF TRANSP.

867 A.2d 758 (2005)

Gerald KINCEL and Lisa Kincel, Husband and Wife v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, and Dick Corporation Appeal of Commonwealth of Pennsylvania, Department of Transportation.

Commonwealth Court of Pennsylvania.

Decided February 9, 2005.

Attorney(s) appearing for the Case

Michael A. Giannetta, Scranton, for appellant.

Neil T. O'Donnell, Wilkes-Barre, for appellees, Gerald and Lisa Kincel.

James F. Lynn, Philadelphia, for appellee, Dick Corp.

BEFORE: McGINLEY, Judge, and LEAVITT, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge LEAVITT.

The Commonwealth of Pennsylvania, Department of Transportation (PennDOT), appeals from an order of the Court of Common Pleas of Luzerne County (trial court) denying its motion for summary judgment. This case presents an issue of first impression: whether an employee of a Commonwealth agency, injured in the course of his employment, can collect workers' compensation benefits and also maintain a suit against a different Commonwealth agency...

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