BLACK v. JAMISON


913 A.2d 313 (2006)

Ellen BLACK, individually, and as Administrator and Executrix of the Estate of Eric L. Black, and Randy L. Black v. Todd L. JAMISON, Diane E. Myers, as Administrator and Executrix of the Estate of John R. Myers and Commonwealth of Pennsylvania, Department of Transportation Appeal of: Commonwealth of Pennsylvania, Department of Transportation.

Commonwealth Court of Pennsylvania.

Filed December 14, 2006.


Attorney(s) appearing for the Case

J. Bart Delone, Sr., Deputy Attorney General, Harrisburg, for appellant.

Amy L. Coryer, Harrisburg, for appellees, Ellen L. Black, Eric L. Black, and Randy L. Black.

BEFORE: McGINLEY, Judge, and PELLEGRINI, Judge, and KELLEY, Senior Judge.


OPINION BY Judge McGINLEY.

The Commonwealth of Pennsylvania, Department of Transportation (DOT) appeals the order of the Court of Common Pleas of the 39th Judicial District of Pennsylvania, Franklin County Branch (common pleas court) which denied DOT's motion for summary judgment. This Court granted permission to DOT to pursue the appeal.

On May 15, 1999, at approximately 8:45 a.m., Eric L. Black (Decedent Black) was a front seat passenger in a 1998 Chevrolet...

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