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LEIPHART v. CITY OF PHILADELPHIA

No. 1147 C.D. 2008.

972 A.2d 1239 (2009)

Lisa LEIPHART v. CITY OF PHILADELPHIA, Appellant.

Commonwealth Court of Pennsylvania.

Decided March 23, 2009.

Attorney(s) appearing for the Case

Alan C. Ostrow, Philadelphia, for appellant.

Nancy D. Wasser, Philadelphia, for appellee.

BEFORE: LEADBETTER, President Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, COHN JUBELIRER, Judge, SIMPSON, Judge, LEAVITT, Judge, and BUTLER, Judge.

OPINION BY Judge PELLEGRINI.

The City of Philadelphia (City) appeals from an order of the Court of Common Pleas of Philadelphia County (trial court) denying its motion for judgment notwithstanding the verdict (j.n.o.v.) and finding it liable to Lisa Leiphart (Leiphart) for injuries she sustained on City streets. For the reasons stated below, we reverse the trial court's order.

On October 31, 2005, Leiphart was crossing Chestnut Street in Philadelphia between...

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