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GIOVANNITTI v. PennDOT

No. 2741 C.D. 1986.

113 Pa.Commw. 572 (1988)

537 A.2d 966

Ernest F. Giovannitti, in his own right and as Executor of the Estate of Beverly S. Giovannitti, Deceased, and as the parent and natural guardian of Rhonda, Jennifer and Michael Giovannitti, Minors, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

February 22, 1988.

Attorney(s) appearing for the Case

Robert W. Barton, Killian & Gephart, for appellant.

Stephen E. Geduldig, Deputy Attorney General, with him, Victor P. Stabile, Deputy Attorney General, and Mark E. Garber, Jr., Chief, Torts Litigation Unit, for appellee.

Argued November 17, 1987, before President Judge CRUMLISH, JR., Judge BARRY, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., February 22, 1988:

Ernest Giovannitti, in his own right and as Executor of Beverly Giovannitti's estate, appeals a Cumberland County Common Pleas Court order sustaining the Pennsylvania Department of Transportation's (DOT) preliminary objections in the nature of a demurrer and dismissing his complaint. We affirm.

Beverly Giovannitti was killed when Leland Anderson, a licensed Pennsylvania motorist, suffered a heart...

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