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MULLIN v. COM., DEPT. OF TRANSP.

Nos. 158 MAP 2002, 159 MAP 2002.

870 A.2d 773 (2005)

Joyce C. MULLIN, Administratrix of the Estate of Crystal G.E. Vattilano and Joyce C. Mullin, Individually, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, West Grove Fire Company Ambulance Division, Ronald Weir, and New London Township, Appellees. Joyce C. Mullin, Administratrix of the Estate of Crystal G.E. Vattilano and Joyce C. Mullin, Individually, v. Commonwealth of Pennsylvania, Department of Transportation, West Grove Fire Company Ambulance Division, Ronald Weir, and New London Township, Appeal of New London Township.

Supreme Court of Pennsylvania.

Decided March 29, 2005.

Attorney(s) appearing for the Case

John J. Breen, Esq., Hudson L. Voltz, Esq., West Chester, for Joyce C. Mullin.

Howard Greeley Hopkirk, Esq., John P. Capuzzi, Norristown, for Department of Transportation.

Thomas X. McAndrew, Esq., Chester Springs, for New London Township.

Daniel Seth Altschuler, Esq., Philadelphia, for West Grove Fire Co. Ambulance Division and Ronald Weir.

Scott B. Cooper, Esq., Todd Dale Getgen, Esq., Harrisburg, for amicus curiae Pennsylvania Trial Lawyers Association.

BEFORE: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and LAMB, JJ.

OPINION

Justice CASTILLE.

This appeal involves the interplay of the Transfer of State Highways Act ("Transfer Act"), 75 Pa.C.S. §§ 9201-08, and the Sovereign Immunity Act, 42 Pa.C.S. §§ 8521-28. This Court granted review to determine whether, as a matter of law, the Commonwealth of Pennsylvania, Department of Transportation ("PennDOT") could be held liable, under the Commonwealth real estate exception to sovereign immunity, 42...

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