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THOMAS et al. v. PAGANO et ux.

No. 1455 C.D. 1986.

108 Pa.Commw. 131 (1987)

529 A.2d 74

Ronald Thomas and Gloria Thomas, Appellants v. Joseph Pagano and Jennie Pagano, and Commonwealth of Pennsylvania, Department of Transportation, Appellees.

Commonwealth Court of Pennsylvania.

July 30, 1987.

Attorney(s) appearing for the Case

Martin N. Ghen, with him, Bruce F. McKenrick, R. Elliott Toll & Associates, for appellants.

Elizabeth T. Winson, Deputy Attorney General, with her, Frank J. Micale, Senior Deputy Attorney General, Mark E. Garber, Chief, Tort Litigation Unit, LeRoy S. Zimmerman, Attorney General, for appellee.

Argued March 24, 1987, before Judges MacPHAIL and DOYLE, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY SENIOR JUDGE KALISH, July 30, 1987:

Appellants, Ronald Thomas and Gloria Thomas, appeal from that portion of an order of the Court of Common Pleas of Cambria County which granted partial summary judgment for the Department of Transportation (DOT). We reverse.

Joseph Pagano was a real estate appraiser employed by DOT. He was operating his own automobile, titled to him and his wife Jennie, when he was involved in an accident in which appellants were...

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