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FENTON v. CITY OF PHILADELPHIA

127 Pa.Commw. 466 (1989)

561 A.2d 1334

Marie FENTON, Administratrix of the Estate of William Carter v. CITY OF PHILADELPHIA and Commonwealth of Pennsylvania, Department of Transportation and David Kulb. Appeal of CITY OF PHILADELPHIA, Appellant.

Commonwealth Court of Pennsylvania.

Decided August 4, 1989.

Reargument Denied October 12, 1989.

Attorney(s) appearing for the Case

Miriam B. Brenaman, Seymour Kurland, City Solicitor, Norma S. Weaver, Chief Deputy in charge of claims, Barbara R. Axelrod, Divisional Deputy in charge of Appeals, Philadelphia, for City of Philadelphia.

Larry Coben, Gerald A. McHugh, Jr., Philadelphia, for Marie Fenton.

Theodore Chylack, Deputy Atty. Gen., Norristown, for other appellees.

Before BARRY, McGINLEY and SMITH, JJ.

OPINION

BARRY, Judge.

The City of Philadelphia appeals two orders of the Court of Common Pleas of Philadelphia, one of which denied the City's post verdict motions and directed the entry of judgment in favor of Marie Fenton, administratrix of the estate of her son, William Carter, and a subsequent order amending the original order.

On February 19, 1982, Carter was a passenger in an automobile driven by David Kulb. While proceeding north on Richmond...

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