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HOROWITZ v. CHELTENHAM TWP. ET AL.

No. 1403 C.D. 1988.

123 Pa.Commw. 586 (1989)

554 A.2d 188

Marcia Horowitz, Executrix of the Estate of Neil Horowitz, and Marcia Horowitz, in her own right v. Cheltenham Township and Abington Township. Abington Township, Appellant.

Commonwealth Court of Pennsylvania.

February 23, 1989.

Attorney(s) appearing for the Case

Christine M. Mooney, with her, Charles W. Craven, Marshall, Dennehey, Warner, Coleman and Goggin, for Abington Township, appellant.

Ezra Wohlgelernter, Feldman, Shepherd & Wohlgelernter, for appellee.

M. Kelly Tillery, Leonard, Tillery & Davison, for Cheltenham Township Police Department.

Dennis L. Platt, for Cheltenham Township.

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

OPINION BY JUDGE COLINS, February 23, 1989:

Abington Township (appellant) appeals the order of the Philadelphia County Court of Common Pleas (trial court) which denied appellant's motion for summary judgment. We quash this appeal.

On February 24, 1985, at approximately 6:55 p.m., Neil Horowitz (decedent) was killed when his westbound car collided with an abandoned truck which was left in the inside...

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