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CITY OF PHILADELPHIA v. ZAMPOGNA

No. 94 C.D. 2017.

177 A.3d 1027 (2017)

CITY OF PHILADELPHIA, Appellant, v. Frank ZAMPOGNA.

Commonwealth Court of Pennsylvania.

Decided: December 27, 2017.

Attorney(s) appearing for the Case

John M. Wutz , Philadelphia, for appellant.

Russell Krause , Philadelphia, for appellee.

BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge, HONORABLE ROBERT SIMPSON, Judge, HONORABLE BONNIE BRIGANCE LEADBETTER, Senior Judge.

OPINION BY PRESIDENT JUDGE LEAVITT

The City of Philadelphia (City) appeals an order of the Court of Common Pleas of Philadelphia County, First Judicial District (trial court) granting declaratory judgment in favor of a City employee, Frank Zampogna. The trial court held that Section 1720 of the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. § 1720, prohibited the City from subrogating its payment of Heart and Lung Act1

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