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LAMBERT v. KATZ

No. 123 C.D. 2010.

8 A.3d 409 (2010)

Dianna LAMBERT, Executrix of the Estate of Edward A. Lambert v. Mary Elizabeth KATZ, Executrix of the Estate of Robert W. Wilsbach, Sr. and Pennsylvania Department of Transportation. Mary Elizabeth Katz, Executrix of the Estate of Robert W. Wilsbach, Sr. v. Pennsylvania Department of Transportation. Appeal of: Dianna Lambert, Executrix of the Estate of Edward A. Lambert and Mary Elizabeth Katz, Executrix of the Estate of Robert W. Wilsbach, Sr.

Commonwealth Court of Pennsylvania.

Decided November 15, 2010.

Attorney(s) appearing for the Case

Thomas R. Hurd , Philadelphia, for appellants.

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

BEFORE: LEADBETTER, President Judge, and BROBSON, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge BROBSON.

Appellants, Dianna Lambert and Mary Elizabeth Katz, in their capacities as executrixes of the Estates of Edward A. Lambert and Robert W. Wilsbach, Sr., respectively (hereafter, the Estates), appeal from an order of the Court of Common Pleas of Berks County (trial court) that granted summary judgment in favor of Appellee Department of Transportation (DOT). Decedents Lambert and Wilsbach died in an accident on Route 73 in Ruscombmanor Township...

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