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DuBREE v. COM.

481 Pa. 540 (1978)

393 A.2d 293

Roland E. DuBREE, Executor of the Estate of Roland E. DuBree, Sr., Appellant, v. COMMONWEALTH of Pennsylvania, Robert G. Bartlett, Paul L. Thomas, Joseph Wide, John Auerbach, Harry Snyder, Oscar Kulp, Eugene Schad, and Protection Service, Inc.

Supreme Court of Pennsylvania.

Reargued January 18, 1978.

Reargument Denied November 16, 1978.

Attorney(s) appearing for the Case

Harry R. Nixon, Schneider & Nixon, Hatboro, Stephen M. Feldman, Feldman & Feldman (Phila. Trial Lawyers Assn.), Philadelphia, for appellant.

Richard P. McBride, Doylestown, E.R. Cusey, Gerald Gornish, Harrisburg, for appellees.

Reargued before EAGEN, C.J., and O'BRIEN, ROBERTS, POMEROY, NIX, MANDERINO and LARSEN, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

Appellant Roland DuBree, Jr., executor of the estate of Roland DuBree, Sr., seeks damages in a wrongful death and survival action against appellees, the Commonwealth of Pennsylvania and seven named officials of the Pennsylvania Department of Transportation.1 Decedent was killed when, on the night of August 6, 1969, his car plunged into a ten foot...

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