CLARK v. PENNSYLVANIA DEPT. OF TRANSP.

No. 122 C.D. 2008.

962 A.2d 692 (2008)

Daniel CLARK and Debra Clark, Appellants v. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Warrington Township, Carl & Edeltraud Miller.

Commonwealth Court of Pennsylvania.

Decided December 8, 2008.


Attorney(s) appearing for the Case

Nancy Larkin Taylor, Doylestown, for appellants.

Claudia M. Tesoro, Sr. Deputy Attorney General, Philadelphia, for appellee, Department of Transportation.

BEFORE: LEADBETTER, President Judge, and FRIEDMAN, Judge (P), and SIMPSON, Judge.


OPINION BY Judge FRIEDMAN.

Daniel and Debra Clark (the Clarks) appeal from the January 3, 2008, order of the Court of Common Pleas of Bucks County (trial court) that denied the Clarks' motion for post-trial relief requesting the removal of a compulsory nonsuit granted in favor of the Department of Transportation (DOT). We affirm.

This case arises from a tragic single-vehicle accident. On July 19, 2002, during a summer storm, Debra Clark was driving westbound...

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