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BROWN v. COMMONWEALTH

No. 1298 C.D. 2010.

11 A.3d 1054 (2011)

Karen BROWN v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION v. John Richard Hughes and Viola E. Rodney. Appeal of: Commonwealth of Pennsylvania, Department of Transportation.

Commonwealth Court of Pennsylvania.

Decided January 19, 2011.

Attorney(s) appearing for the Case

Calvin R. Koons , Senior Deputy Atty. General, Harrisburg, for appellant.

Scott E. Schermerhorn , Scranton, for appellee Karen Brown.

BEFORE: LEADBETTER, President Judge, and McCULLOUGH, Judge, and FRIEDMAN, Senior Judge.

OPINION BY Senior Judge FRIEDMAN.

The Commonwealth of Pennsylvania, Department of Transportation (DOT), appeals from the June 10, 2010, order of the Court of Common Pleas of Lackawanna County (trial court) denying DOT's second motion for summary judgment and certifying the issue of whether this action is barred by sovereign immunity for appeal to this court pursuant to section 702(b) of the Judicial Code, 42 Pa.C.S. § 702(b) (relating to interlocutory appeals...

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