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LACHANCE v. MICHAEL BAKER CORP.

869 A.2d 1054 (2005)

Lucinda R. LaCHANCE, Administratrix of the Estate of David George LaChance, deceased, Appellant v. MICHAEL BAKER CORPORATION and Commonwealth of Pennsylvania, Department of Transportation.

Commonwealth Court of Pennsylvania.

Decided February 9, 2005.

As Amended February 10, 2005.

Reargument Denied April 7, 2005.

Attorney(s) appearing for the Case

Edward C. Sweeney, Downingtown, for appellant.

Howard G. Hopkirk, Harrisburg, for appellee, PA Dept. of Transp.

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

OPINION BY Judge LEAVITT.

Lucinda R. LaChance, Administratrix of the Estate of David George LaChance (Estate), appeals from the decision of the Court of Common Pleas of Tioga County (trial court) granting summary judgment to the Pennsylvania Department of Transportation (PennDOT) in the Estate's wrongful death action. The trial court held that the Estate could not make out a common law claim of negligence against PennDOT, which is the initial burden of a plaintiff...

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