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MERLINI EX REL. MERLINI v. GALLITZIN WATER AUTHORITY

No. 28 WAP 2008

980 A.2d 502 (2009)

Mary Rose MERLINI, By and Through her Attorney-in-Fact Joseph P. MERLINI v. GALLITZIN WATER AUTHORITY, Hegemann and Wray Consulting Engineers, Kukurin Contracting, Inc. Appeal of Hegemann and Wray Consulting Engineers.

Supreme Court of Pennsylvania.

Decided September 30, 2009.

Attorney(s) appearing for the Case

Jeffrey A. Kubay, Esq., Wayman, Irvin & McAuley, L.L.C., Pittsburgh, for Hegemann and Wray Consulting Engineers.

Patrick J. Fanelli, Esq., Andrews & Beard, Altoona, for Gallitzin Water Authority.

Thomas Joseph Jezewski, Esq., L. John Argento, Esq., Swartz Campbell, L.L.C., Pittsburgh, for Kukurin Contracting, Inc.

Frederick B. Gieg, Jr., Esq., Holtz & Reed, L.L.P., Altoona, for Mary Rose and Joseph P. Merlini.

BEFORE: CASTILLE, C.J., and SAYLOR, EAKIN, BAER, TODD, McCAFFERY and GREENSPAN, JJ.

OPINION

Justice EAKIN.

In February, 2006, Mary Rose Merlini filed a complaint against appellant, Hegemann and Wray Consulting Engineers, Gallitzin Water Authority, and Kukurin Contracting, Inc., in the Court of Common Pleas, Cambria County, Pennsylvania. "She alleged that Kukurin, while working under the contract with Gallitzin and under the supervision and direction of [appellant], came upon her property bordering State Route 4001 in Cambria County...

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