SNYDER v. HARMON


522 Pa. 424 (1989)

562 A.2d 307

Donna K. SNYDER, Susan R. Fleming, Mitchell R. Johnson, an incompetent by his Guardian, Elizabeth G. Johnson, v. Kenneth C. HARMON, individually; and First Seneca Bank, Executor of the Estate of John J. Harmon, deceased, individually; and Kenneth C. Harmon and First Seneca Bank, Executor of the Estate of John J. Harmon, deceased, t/d/b/a Harmon Mining Company, a/k/a Harman Mining Company, a/k/a Harmon Coal Company, a/k/a Harman Coal Company, a partnership; and Harmon Coal Company, a/k/a Harman Coal Company, a/k/a Harmon Mining Company, a/k/a Harman Mining Company, a partnership; and Harmon Coal Company, a corporation, a/k/a Harman Coal Company, a corporation, a/k/a Harmon Mining Company, a corporation; a/k/a Harman Mining Company, a corporation; Orlando Harmon, i/t/d/b/a Harmon Coal Company; Paul C. Harmon, i/t/d/b/a Paul Harmon Coal Company; Paul C. Harmon, Jr., i/t/d/b/a Paul Harmon Coal Company; and Gary Clair Gruver, individually; and Department of Transportation, an agency of the Commonwealth of Pennsylvania; and Department of Environmental Resources, an agency of the Commonwealth of Pennsylvania; and Erie Insurance Exchange, v. William J. DOMBROWSKI and Kathleen A. Dombrowski, his wife, individually and trading and doing business as Sky View, a/k/a Sky View Lounge, v. Jerry BARRETT. Appeals of COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION.

Supreme Court of Pennsylvania.

Decided July 12, 1989.


Attorney(s) appearing for the Case

LeRoy S. Zimmerman, Atty. Gen., Mark E. Garber, Chief, Torts Litigation Unit, J. Elise Tourek, Frank J. Micale, Deputy Attys. Gen., John G. Knorr, III, Sr. Deputy Atty. Gen., Pittsburgh, Pa., for appellant.

Nicholas F. Lorenzo, Jr., Punxsutawney, Pa., for Donna K. Snyder, Susan R. Fleming and Mitchell R. Johnson, etc., et al.

Robert W. Weinheimer, Murphy, Taylor & Adams, P.C., Pittsburgh, Pa., for William J. Dombrowski, et ux., et al.

Joseph N. Mack, Dennis St. J. Mulvihill, Indiana, Pa., for First Seneca Bank, etc.

Blair F. Green, New Bethlehem, Pa., for Paul C. Harmon, Jr.

Gerald C. Bish, Brookville, Pa., for Kenneth C. Harmon.

Robert M. Hanak, Reynoldsville, Pa., for Gary Clair Gruver.

John L. McIntyre, Hollidaysburg, Pa., for Jerry Barrett.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS, STOUT, JJ.


OPINION OF THE COURT

ZAPPALA, Justice.

We granted allowance of appeal to the Commonwealth of Pennsylvania, Department of Transportation (PennDOT) to determine whether the Commonwealth Court erred in reversing in part the trial court's order granting summary judgment in favor of appellant and Commonwealth of Pennsylvania, Department of Environmental Resources (DER). While Commonwealth Court affirmed the grant of summary judgment as to DER, it reversed the...

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