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RODRIGUEZ v. COM., DEPT. OF TRANSP.

No. 339 C.D. 2012.

59 A.3d 45 (2013)

Carol J. RODRIGUEZ, Administratrix of the Estate of Aurelio Rodriguez, Deceased, Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION v. Mary Rynier, Administratrix of the Estate of Scott J. Shoffstall, Deceased.

Commonwealth Court of Pennsylvania.

Decided January 9, 2013.

Attorney(s) appearing for the Case

Richard C. Low , Lancaster, for appellant.

Calvin R. Koons , Harrisburg, for appellee.

BEFORE: McGINLEY, Judge, and LEAVITT, Judge, and BROBSON, Judge.

OPINION BY Judge LEAVITT.

Carol J. Rodriguez, on behalf of the Estate of Aurelio Rodriguez (Decedent), appeals an order of the Court of Common Pleas of York County (trial court) granting the motion for summary judgment filed by the Pennsylvania Department of Transportation (PennDOT), defendant in Rodriguez's negligence and wrongful death actions. The trial court concluded that PennDOT could not be held liable for fatal injuries sustained by Decedent when the car he...

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