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PALMER v. PENN-OHIO ROAD MATERIALS, INC.

Civ. A. No. 77-994.

462 F.Supp. 312 (1978)

Loren D. PALMER and Brenda M. Palmer, husband and wife, and Arthur Stewart, Administrator of the Estate of Esther Stewart, Deceased, Plaintiffs, v. PENN-OHIO ROAD MATERIALS, INC., Defendant and Third-Party Plaintiff. SPECTOR FREIGHT SYSTEM, INC., Defendant, v. Loran D. PALMER, L. G. Kisseleff, W. C. Moffit, J. P. Iacino, Jack Bestwick, G. L. Pellegrini, and the Commonwealth of Pennsylvania, Department of Transportation, Third-Party Defendants.

United States District Court, W. D. Pennsylvania.

December 15, 1978.

Attorney(s) appearing for the Case

Dennis C. Harrington, Pittsburgh, Pa., for plaintiffs.

Walter F. Froh, Harrisburg, Pa., Michael J. Creighton, Dept. of Trans., Gary F. Sharlock, Robert S. Garrett, Herbert B. Conner, Pittsburgh, Pa., for defendant.

OPINION

ZIEGLER, District Judge.

I. History of Case

This wrongful death, survival and personal injury action arose out a vehicular collision which occurred on March 27, 1976, on Interstate Route 80, Mercer County, Pennsylvania. The complaint alleges, inter alia, that: (1) the accident was proximately caused by a certain unusual, dangerous, and unexpected traffic pattern existing in an area of roadway construction on Interstate 80; and (2...

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