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HERNANDEZ v. WHITESELL

Civ. A. No. 77-668.

462 F.Supp. 569 (1978)

M. Rosario HERNANDEZ, Administratrix of the estate of Elena H. Gonzalez, Deceased, Plaintiff, v. Clark WHITESELL et al., Defendants.

United States District Court, E. D. Pennsylvania.

October 6, 1978.

Attorney(s) appearing for the Case

Richard W. Hollstein, Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., for plaintiff.

Edwin F. McCoy, Philadelphia, Pa., for West Goshen Township.

John T. Kalita, Jr., Dept. of Transp., Harrisburg, Pa., for Com. of Pa., Dept. of Transp.

John L. Sweezy, Dept. of General Services, Harrisburg, Pa., for Whitesell, Wade, Brango, Guillo, Johnson, Mueller, Simms and Mattia, individual defendants.

MEMORANDUM AND ORDER

FULLAM, District Judge.

Plaintiff's decedent was killed when her car skidded on an icy roadway. Plaintiff initially filed suit against the Pennsylvania Department of Transportation ("PennDOT") and various of its employees. PennDOT was dismissed as a defendant in 1977, on grounds of sovereign immunity. At that time, the Supreme Court of Pennsylvania had pending before it several cases in which abrogation of the defense of sovereign immunity...

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