MONZO ET UX. v. PennDOT

No. 1 T.D. 1988.

124 Pa.Commw. 360 (1989)

556 A.2d 493

Thomas V. Monzo and Anne Marie Monzo, his wife, Appellants v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

March 23, 1989.


Attorney(s) appearing for the Case

Robert N. Peirce, Jr., with him, Ronald D. Powers, Robert N. Peirce, Jr. & Associates, for appellants.

Eugene Grant Berry, Deputy Attorney General, with him, LeRoy S. Zimmerman, Attorney General, for appellee.

Argued February 10, 1989, before Judges CRAIG and DOYLE, and Senior Judge KALISH, sitting as a panel of three.


OPINION BY SENIOR JUDGE KALISH, March 23, 1989:

Thomas Monzo and Anne Monzo (appellants) appeal from an order of the Court of Common Pleas of Allegheny County, which granted a motion for judgment on the pleadings in favor of the Commonwealth, Department of Transportation (DOT). We reverse the trial court's order of judgment and remand for trial.

Monzo was driving his car on Thompson Run Road, a state...

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