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DeMAIO v. LOWER MERION TWP. ET AL.

Nos. 56 T.D. 1983 and 55 T.D. 1983.

89 Pa.Commw. 503 (1985)

Michael A. DeMaio, a minor, by his parents and natural guardians, Nicholas A. and Margaret DeMaio etc. v. Lower Merion Township a/k/a Township of Lower Merion and Commonwealth of Pennsylvania, Department of Transportation and Douglas Bock. Michael A. DeMaio, a minor, by his parents and natural guardians, Nicholas A. and Margaret DeMaio, Appellant. Michael A. DeMaio, a minor, by his parents and natural guardians, Nicholas A. and Margaret DeMaio and Nicholas A. and Margaret DeMaio in their own right v. Lower Merion Township a/k/a Township of Lower Merion and Commonwealth of Pennsylvania, Department of Transportation and Douglas Bock. Douglas Bock, Appellant.

Commonwealth Court of Pennsylvania.

May 23, 1985.

Attorney(s) appearing for the Case

Eileen M. McGuire, with her, Ronald A. Blumfield, for appellants/appellees/Michael DeMaio, et al.

Wendy M. Johnston Bracaglia, with her, Gary Stewart Seflin, Charles W. Craven and John R. Warner, for appellant/appellee, Douglas Bock.

Mark C. Schultz, for appellee, Lower Merion Township, a/k/a Township of Lower Merion.

Claudia J. Martin, Deputy Attorney General, for appellee, Commonwealth of Pennsylvania, Department of Transportation.

Argued December 14, 1984, before Judges MacPHAIL, COLINS and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, May 23, 1985:

Michael DeMaio and Douglas Bock (Appellants) appeal from a decision of the Court of Common Pleas of Montgomery County (trial court) which granted a Motion for Summary Judgment filed by the Pennsylvania Department of Transportation (DOT).

Appellant DeMaio brought an action in trespass against Appellant Bock, the Township of Lower Merion and DOT, arising out of a traffic accident which occurred at the intersection of...

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