TATE v. TATE

No. 545 C.D. 2013, No. 720 C.D. 2013, No. 721 C.D. 2013, No. 722 C.D. 2013

84 A.3d 762 (2014)

Robert TATE v. Robert TATE, as Administrator of the Estate of Joshua J. Tate v. Commonwealth of Pennsylvania, Department of Transportation v. Kimberly Watt and Mehgan J. Cook, Administratrix of the Estate of Louis H. Young, IV, Deceased. Daniel DeMarco, as Administrator of the Estate of Jessica J. DeMarco, his wife, and Daniel DeMarco, an individual on his own behalf v. Commonwealth of Pennsylvania, Department of Transportation. Donna Atkinson, Administrator of the Estate of Bryan Atkinson v. Commonwealth of Pennsylvania, Department of Transportation and Kimberly Watt and Mehgan Cook as Co-Administratrix of the Estate of Louis H. Young, IV. Kimberly Watt and Mehgan J. Cook, as Co-Administratrix of the Estate of Louis H. Young, IV v. Commonwealth of Pennsylvania, Department of Transportation, Appellant. Robert Tate, as Administrator of the Estate of Joshua J. Tate v. Commonwealth of Pennsylvania, Department of Transportation v. Kimberly Watt and Mehgan J. Cook, Administratrix of the Estate of Louis H. Young, IV, Deceased. Daniel DeMarco, as Administrator of the Estate of Jessica J. DeMarco, his wife, and Daniel DeMarco, an individual on his own behalf v. Commonwealth of Pennsylvania, Department of Transportation. Donna Atkinson, Administrator of the Estate of Bryan Atkinson v. Commonwealth of Pennsylvania, Department of Transportation and Kimberly Watt and Mehgan J. Cook as Co-Administratrix of the Estate of Louis H. Young, IV. Kimberly Watt and Mehgan J. Cook as Co-Administratrix of the Estate of Louis H. Young, IV v. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

Decided January 22, 2014.


Attorney(s) appearing for the Case

Kemal A. Mericli , Senior Deputy Attorney General, Pittsburgh, for appellant Department of Transportation.

Henry B. Bier , Pittsburgh, for appellees Daniel DeMarco and Estate of Jessica J. DeMarco.

Steven R. Kmett , Norristown, for appellees Donna Atkinson and Estate of Brian Atkinson.

Keith R. McMillen , Aliquippa, for appellees Robert Tate and Estate of Joshua J. Tate.

BEFORE: DAN PELLEGRINI, President Judge, and MARY HANNAH LEAVITT, Judge, and ROCHELLE S. FRIEDMAN, Senior Judge.


OPINION BY Judge LEAVITT.

The Commonwealth of Pennsylvania, Department of Transportation (PennDOT) appeals two orders of the Beaver County Court of Common Pleas (trial court). The first denied PennDOT's motion for summary judgment, and the second denied its post-trial motion for judgment notwithstanding the verdict. The jury entered a verdict against PennDOT for its negligent failure to install a traffic signal at an intersection of two state roads where numerous...

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