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KOWAL ET UX. v. PennDOT ET AL.

No. 3305 C.D. 1984.

100 Pa.Commw. 593 (1986)

515 A.2d 116

Mark Kowal and Laura Kowal, Appellants v. Commonwealth of Pennsylvania, Department of Transportation, and Charles Paul Kugal, Appellees.

Commonwealth Court of Pennsylvania.

September 19, 1986.

Attorney(s) appearing for the Case

Bruce W. Bernard, Ely & Bernard, for appellants.

Brian H. Baxter, Deputy Attorney General, with him, Mark E. Garber, Chief, Tort Litigation Unit, and LeRoy S. Zimmerman, Attorney General, for appellees.

Argued March 12, 1986, before President Judge CRUMLISH, JR., and Judges ROGERS, CRAIG, MacPHAIL, BARRY, COLINS and PALLADINO.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., September 19, 1986:

Mark Kowal and his wife, Laura Kowal, appeal an Erie County Common Pleas Court order granting a motion to mold a verdict in their favor against the Department of Transportation (DOT) to $250,000 and assessing $73,834.52 in delay damages against DOT. We reverse and remand.

Mark Kowal was a passenger in an automobile which left the roadway of a Commonwealth highway, straddled the guardrail, and then...

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