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DiBUONO v. A. BARLETTA & SONS, INC.

127 Pa.Commw. 1 (1989)

560 A.2d 893

Martin DiBUONO and Lydia DiBuono, his wife and Carretta Trucking Co., Inc. v. A. BARLETTA & SONS, INC. et al. Appeal of COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION.

Commonwealth Court of Pennsylvania.

Decided June 20, 1989.

Petition for Allowance of Appeal Denied December 20, 1989.

Attorney(s) appearing for the Case

James R. Moyles, Deputy Atty. Gen., Torts Litigation Section, Harrisburg, for appellant.

Joseph J. Ustynoski, Morton J. Gordon, Ustynoski, Sharkey & Marusak, Hazleton, for Martin DiBuono and Lydia DiBuono.

John D. Nardone, Thomas B. Helbig, Hourigan, Kluger, Spohrer & Quinn, P.C., Wilkes-Barre, for appellee, A. Barletta & Sons, Inc.

Howard A. Berman, Wilkes-Barre, for appellee.

Before CRAIG and McGINLEY (P.), JJ., and NARICK, Senior Judge.

NARICK, Senior Judge.

The Department of Transportation (Appellant) has appealed from the denial of its post-trial motions for either a judgment notwithstanding the verdict or a new trial following a jury verdict in favor of Appellees Martin1 and Lydia DiBuono and A. Barletta & Sons, Inc.2

On October 31, 1980 at approximately 11:30 p.m., Martin...

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