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LECKEY v. COM., DEPT. OF TRANSP.

951 A.2d 423 (2008)

Edward C. LECKEY, Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION.

Commonwealth Court of Pennsylvania.

Decided June 16, 2008.

Attorney(s) appearing for the Case

Edward C. Leckey, Pittsburgh, for appellant.

Kemal Alexander Mericli, Sr. Deputy Attorney General, Pittsburgh and Calvin R. Koons, Sr. Deputy Attorney General, Harrisburg, for appellee.

BEFORE: LEADBETTER, President Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, COHN JUBELIRER, Judge, and LEAVITT, Judge.

OPINION BY Judge FRIEDMAN.

Edward C. Leckey (Leckey) appeals from the January 25, 2007, entry of judgment in the Court of Common Pleas of Allegheny County (trial court) in favor of the Commonwealth of Pennsylvania, Department of Transportation (DOT) after the trial court excluded Leckey's documentary evidence on damages under Pa. R.C.P. No. 1311.1 (Rule 1311.1) and granted DOT's motion for nonsuit. We vacate and remand.

Leckey filed a negligence action against...

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