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JOSEY v. COM., DEPT. OF TRANSP.

136 Pa.Commw. 73 (1990)

583 A.2d 1261

Renita JOSEY, Administratrix of the Estate of Johnny Will Josey, Jr., Deceased and Renita Josey, in her own right v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, and Michael Murgenovich, an individual and County of Allegheny, a Municipal Corporation. Appeal of COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION. Renita JOSEY, Administratrix of the Estate of Johnny Will Josey, Jr., Deceased and Renita Josey, in her own right v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, and Michael Murgenovich, an individual and Renita Josey. Appeal of Michael MURGENOVICH. Robert BENSON and Judy Benson v. Michael MURGENOVICH; Johnny Will Josey, Jr., Deceased, and Renita Josey, Administratrix of the Estate of Johnny Will Josey, Jr., and Commonwealth of Pennsylvania, Department of Transportation. Appeal of COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION.

Commonwealth Court of Pennsylvania.

Decided October 24, 1990.

Publication Ordered December 17, 1990.

Attorney(s) appearing for the Case

Frank J. Micale, Sr. Deputy Atty. Gen., with him, Mark E. Garber, Chief, Deputy Atty. Gen., and Ernest D. Preate, Jr., Atty. Gen., Pittsburgh, for appellant, Com. of Pa.

Anthony V. Cortese, Gilbert S. Solomon and Associates, Pittsburgh, for appellant, Michael Murgenovich.

Laura M. Andracchio, with her, Keithley D. Mulvihill, Rose, Schmidt, Hasley & DiSalle, Pittsburgh, for appellee, Renita Josey.

No appearance for appellee Benson.

Before CRAIG, President Judge, PALLADINO, Judge, and SILVESTRI, Senior Judge.

SILVESTRI, Senior Judge.

Before us are consolidated appeals of separate orders of the Court of Common Pleas of Allegheny County which denied the motions of the defendant-appellants, Michael Murgenovich (Murgenovich) and the Pennsylvania Department of Transportation (DOT), to join Renita Josey (Renita) as an additional defendant.

This case arises out of a three-car accident which occurred on August 28, 1987 at approximately 3:00 p.m. Johnny Will Josey, Jr....

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