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KIM v. DEPT. OF TRANSP

7 C.D. 2020.

270 A.3d 1284 (2022)

Mary Kyung KIM and John Kyung Kim, husband and wife v. Commonwealth of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Allan Myers, LP, and Alfred Salvitti and Guidemark Appeal of: Allan Myers, LP.

Commonwealth Court of Pennsylvania.

Decided February 9, 2022.

Attorney(s) appearing for the Case

Matthew D. Vodzak , Philadelphia, for Appellant.

David S. Senoff , Philadelphia, for Appellees Mary Kyung Kim and John Kyung Kim, husband and wife.

Claudia M. Tesoro , Senior Deputy Attorney General, Philadelphia, for Appellee Pennsylvania Department of Transportation.

Robert A. Morton, IV , Paoli, for Appellee Alfred Salvitti.

BEFORE: HONORABLE MICHAEL H. WOJCIK, Judge, HONORABLE CHRISTINE FIZZANO CANNON, Judge, HONORABLE ELLEN CEISLER, Judge.

Allan Myers, LP, (Defendant Myers) appeals by permission from the November 6, 2019 order of the Philadelphia County Court of Common Pleas (trial court) that overruled its preliminary objections (POs) to improper venue asserted under Section 8523(a) of the Judicial Code, commonly referred to as the Sovereign Immunity Act...

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