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MERLING ET UX. v. DEPT. of TRANSP. ET AL.

No. 2682 C.D. 1982.

79 Pa.Commw. 121 (1983)

Clark A. Merling, Jr. and Marilyn L. Merling, his wife v. Commonwealth of Pennsylvania, Department of Transportation et al. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

December 15, 1983.

Attorney(s) appearing for the Case

Frank J. Micale, Deputy Attorney General, with him Herbert L. Olivieri, Chief, Litigation Unit, and LeRoy S. Zimmerman, Attorney General, for appellant.

Jay Harris Feldstein, Feldstein, Grinberg, Stein & McKee, for appellees.

Neil J. Rovner, for Amicus Curiae, Pennsylvania Trial Lawyers Association.

Argued October 3, 1983, before Judges ROGERS, CRAIG and DOYLE, sitting as a panel of three.

OPINION BY JUDGE ROGERS, December 15, 1983:

The Pennsylvania Department of Transportation (DOT) appeals from a judgment in the amount of $111,205.14 entered against it and in favor of Clark Merling, Jr., in the Court of Common Pleas of Allegheny County in Merling's suit for personal injuries suffered in an automobile accident on a state highway.

Mr. Merling was injured when, in attempting to avoid colliding with a disabled truck blocking his lane of travel...

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