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GWISZCZ v. CITY OF PHILA. ET AL.

No. 272 C.D. 1988.

121 Pa.Commw. 376 (1988)

550 A.2d 880

Robert N. Gwiszcz v. City of Philadelphia and Consolidated Rail Corporation and Commonwealth of Pennsylvania, Department of Transportation. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

December 1, 1988.

Attorney(s) appearing for the Case

J. Matthew Wolfe, Deputy Attorney General, with him, LeRoy S. Zimmerman, Attorney General, for appellant, Department of Transportation.

Donald Caruthers, III, with him, Gregory John Hannon, Brobyn & Forceno, for appellee, Robert N. Gwiszcz.

Argued September 13, 1988, before President Judge CRUMLISH, JR., Judge SMITH, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., December 1, 1988:

The Department of Transportation (DOT) appeals a Philadelphia County Common Pleas Court order denying its motion for summary judgment. We quash the appeal as interlocutory.

Robert Gwiszcz lost control of his motorcycle on Delaware Avenue1 in the city of Philadelphia, when the vehicle's front and rear wheels became...

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