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RAMON v. PennDOT

No. 2451 C.D. 1987.

124 Pa.Commw. 416 (1989)

556 A.2d 919

Pilar Ramon, a minor, by her parents and natural guardians, Guido Ramon and Elsie Ramon, and Guido Ramon and Elsie Ramon, in their own right, Appellants v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

March 27, 1989.

Attorney(s) appearing for the Case

William J. Weiss, Machles & Caplan, P.C., for appellants.

Robert L. Gallagher, Deputy Attorney General, for appellee.

Argued December 15, 1988, before Judges CRAIG and BARRY, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY JUDGE BARRY, March 27, 1989:

Pilar Ramon (minor-appellant) and Guido Ramon and Elsie Ramon (parent-appellants) appeal from an order of the Court of Common Pleas of Philadelphia County which entered summary judgment in favor of the Department of Transportation (DOT) and against the appellants.

On December 16, 1981, minor-appellant sustained injuries when she allegedly fell after stepping into a pothole that existed in that portion of the highway...

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