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DAVIS v. SEPTA

Nos. 248 C.D. 2009, 250 C.D. 2009

980 A.2d 709 (2009)

Errol DAVIS, Appellant v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY. Marjorie Goldman v. Southeastern Pennsylvania Transportation Authority. Edmund Wiza v. Southeastern Pennsylvania Transportation Authority. Michael J. Maguire v. Southeastern Pennsylvania Transportation Authority. Appeal of: Southeastern Pennsylvania Transportation Authority.

Commonwealth Court of Pennsylvania.

Decided August 10, 2009.

Attorney(s) appearing for the Case

Nicholas J. Staffieri, Carl D. Buchholz, III, and Dolores Rocco Kulp, Philadelphia, for Southeastern Pennsylvania Transportation Authority.

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

OPINION BY Judge BUTLER.

The Southeastern Pennsylvania Transportation Authority (SEPTA) appeals from an order of the Court of Common Pleas of Philadelphia County (trial court) denying SEPTA's motion for summary judgment based upon a claim of sovereign immunity and granting the partial summary judgment motion filed by Marjorie Goldman, Edmund Wiza, and Michael J. Maguire (collectively Goldman) requesting the dismissal of SEPTA's affirmative defenses under the Eleventh...

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