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TRENCO, INC. v. DEPT. OF TRANSP.

126 Pa.Commw. 501 (1989)

560 A.2d 285

TRENCO, INC., Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellee.

Commonwealth Court of Pennsylvania.

Decided June 14, 1989.

Reargument Denied August 24, 1989.

Petition for Allowance of Appeal Denied March 13, 1990.

Attorney(s) appearing for the Case

John R. Bonner, Norman M. Lubin, Casale & Bonner, P.C., Williamsport, for appellant.

Jefferson J. Shipman, Deputy Atty. Gen., Torts Litigation Div., LeRoy S. Zimmerman, Atty. Gen., Harrisburg, for appellee.

Before BARRY and COLINS (P.), JJ., and KALISH, Senior Judge.

COLINS, Judge.

Trenco, Inc. (appellant) appeals an order of the Northumberland County Court of Common Pleas (trial court) which granted the Department of Transportation's (DOT) motion for summary judgment.

On March 1, 1987, at approximately 11:15 p.m., appellant had two individual tractor trailer units traveling southbound on Pennsylvania Route 11 (Route 11) approximately 2 miles south of Danville, Northumberland County, Pennsylvania. While traveling on this...

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