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COM. OF PA. v. ROBINSON ET UX.

No. 468 Miscellaneous Docket No. 4.

123 Pa.Commw. 401 (1989)

554 A.2d 172

Commonwealth of Pennsylvania, Pennsylvania State Police and Thomas Bohenek, Individually and as Agent for the Commonwealth, Appellants v. Francis Robinson, Ann Robinson, his wife, and Alexi Astier, Appellees.

Commonwealth Court of Pennsylvania.

February 9, 1989.

Attorney(s) appearing for the Case

Stephen E. Geduldig, Office of Attorney General, Torts Litigation Section, for appellants.

John J. Brazil, Jr., for appellees.

Argued December 12, 1988, before Judges CRAIG and COLINS, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE CRAIG, February 9, 1989:

The Pennsylvania State Police and State Trooper Thomas Bohenek (petitioners) appeal from an order of the Court of Common Pleas of Dauphin County that denied petitioners' motion for summary judgment. We must determine whether the respondents' cause of action falls within one of the statutory exceptions to the rule of sovereign immunity.1

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