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IUDICELLO ET VIR v. PennDOT ET AL.

No. 34 T.D. 1977.

34 Pa.Commw. 361 (1978)

Dagmar Iudicello and Bruce Iudicello, Her Husband, Plaintiffs v. Commonwealth of Pennsylvania, Department of Transportation and Jacob Kassab, Defendants.

Commonwealth Court of Pennsylvania.

March 27, 1978.

Attorney(s) appearing for the Case

Dwight L. Danser, with him Martin Cohen, for plaintiffs.

Richard S. Herskovitz, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for defendants.

Argued February 27, 1978, before Judges WILKINSON, JR., MENCER and BLATT, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., March 27, 1978:

Plaintiffs have instituted this trespass action against the Commonwealth of Pennsylvania, Department of Transportation and Jacob Kassab. They seek to recover damages for injuries suffered by one of the plaintiffs when the bicycle she was riding turned over while she was on the state highway and she was struck by a passing vehicle. It is alleged that a defect in the construction and maintenance of the state highway contributed...

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