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BORTULIN v. HARLEY-D. MOTOR CO.

Nos. 35 T.D. 1987 and 37 T.D. 1987.

115 Pa.Commw. 42 (1988)

539 A.2d 906

Michael G. Bortulin and Clara Allison v. Harley-Davidson Motor Co., Inc. et al. Michael G. Bortulin, Appellant. Michael G. Bortulin and Clara Allison v. Harley-Davidson Motor Co., Inc. et al. Michael G. Bortulin, Appellant.

Commonwealth Court of Pennsylvania.

March 30, 1988.

Attorney(s) appearing for the Case

Gordon W. Gerber, Dechert, Price & Rhoads, with him, Mark S. Pinnie, Lord & Mulligan, for appellants, Michael G. Bortulin and Clara Allison.

Barbara L. Hollenbach, with her, Robertson B. Taylor, Holland, Taylor and Sorrentino, for appellee, Harley-Davidson Motor Co., Inc.

Jessie L. Smith, Office of Attorney General, Torts Litigation Unit, for appellee, Department of Transportation.

James J. Donohue, White and Williams, for appellee, The Pennsylvania State University.

Albert E. Hart, Jr., LaBrum and Doak, for appellee, Franklin County.

Paul F. Lantieri, with him, Albert L. Bricklin, Bennett, Bricklin & Saltzburg, for appellee, Fawn Aileen Bumbaugh.

Argued December 18, 1987, before Judges DOYLE and PALLADINO, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, March 30, 1988:

Michael G. Bortulin and Clara Allison (Appellants) appeal an order of the Court of Common Pleas of Philadelphia County (trial court) sustaining the preliminary objections of the Commonwealth of Pennsylvania, Department of Transportation (PennDOT). We affirm.

Appellants were involved in a motor vehicle accident on or about April 26, 1985 when the motorcycle upon which they were riding was struck by an automobile driven...

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