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VINIKOOR v. PEDAL PENNSYLVANIA, INC.

No. 117 C.D. 2009.

974 A.2d 1233 (2009)

M. Paul VINIKOOR, Appellant v. PEDAL PENNSYLVANIA, INC. and Department of Transportation.

Commonwealth Court of Pennsylvania.

Decided June 4, 2009.

Reargument Denied July 27, 2009.

Attorney(s) appearing for the Case

David M. Axinn, Hollidaysburg, for appellant.

Lauren R. Ames, Pittsburgh, for appellee, Pedal Pennsylvania, Inc.

BEFORE: LEAVITT, Judge, BUTLER, Judge, and FLAHERTY, Senior Judge.

OPINION BY Senior Judge FLAHERTY.

Paul M. Vinikoor (Vinikoor) appeals from an order of the Court of Common Pleas of Blair County (trial court) which denied the motion for summary judgment filed by the Department of Transportation (Department) but granted the motion for summary judgment filed by Pedal Pennsylvania, Inc. (Pedal).1 We affirm.

Vinikoor commenced this action by filing a writ of summons on July 17, 2006. In

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