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SWANK v. BENSALEM TWP. ET AL.

No. 1987 C.D. 1981.

68 Pa.Commw. 520 (1982)

Thomas Swank, Appellant v. Bensalem Township and Commonwealth of Pennsylvania, Department of Transportation, Appellees.

Commonwealth Court of Pennsylvania.

August 31, 1982.

Attorney(s) appearing for the Case

Barton A. Haines, for appellant.

James M. Marsh, with him Jonathan D. Herbst, of counsel: LaBrum and Doak, for appellee, Bensalem Township.

Gary B. Gilman, Deputy Attorney General, for appellee, Department of Transportation.

Argued March 5, 1982, before President Judge CRUMLISH and Judges BLATT and DOYLE, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., August 31, 1982:

A Bucks County Common Pleas Court granted Bensalem Township's motion for summary judgment. Thomas Swank appeals. We affirm in part and reverse and remand in part.

Swank was seriously injured in a motorcycle accident at the "Pen Ryn" curve on State Road, a state highway,1 in Bensalem Township. The Township had previously...

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