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FARABAUGH v. PENNSYLVANIA TURNPIKE COM'N

911 A.2d 1264 (2006)

Jane FARABAUGH, Individually and as Administratrix of the Estate of Henry J. Farabaugh, Deceased, Appellee, v. PENNSYLVANIA TURNPIKE COMMISSION and Trumbull Corporation, Appellants.

Supreme Court of Pennsylvania.

Decided December 28, 2006.

Attorney(s) appearing for the Case

Kenneth T. Newman, Esq., Louis C. Long, Pittsburgh, for Pennsylvania Turnpike Commission, et al.

Thomas A. Berret, Esq., Pittsburgh, for Jane A. Farabaugh.

BEFORE: CAPPY, C.J., and CASTILLE, NEWMAN, SAYLOR, EAKIN, BAER and BALDWIN, JJ.

OPINION

Justice BAER.

In December 1999, James Farabaugh (Decedent) suffered a fatal accident while driving an off-highway dump truck within the scope of his employment with New Enterprise Stone & Lime (NESL),1 the general contractor on a construction site owned by the Pennsylvania Turnpike Commission (PTC). His wife and administratrix of his estate, Jane Farabaugh, plaintiff/appellee herein (Plaintiff), brought a wrongful...

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