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BENDAS v. TOWNSHIP OF WHITE DEER

131 Pa.Commw. 138 (1990)

569 A.2d 1000

Robert A. BENDAS and Marion T. Bendas, Appellants, v. TOWNSHIP OF WHITE DEER, Commonwealth of Pennsylvania, Merrill C. Perry and Marilyn B. Perry, Appellees.

Commonwealth Court of Pennsylvania.

Decided February 2, 1990.

Attorney(s) appearing for the Case

Brad M. Jackman, Jackman and Dixon, Doylestown, for appellants.

Charles H. Saylor, Wiest, Wiest, Saylor & Muolo, Sunbury, for appellee Tp. of White Deer.

Before CRAIG, McGINLEY and SMITH, JJ.

SMITH, Judge.

Robert and Marian Bendas (Appellants) appeal an order of the Court of Common Pleas of Union County granting a motion for summary judgment filed by the Township of White Deer (Township). The issues presented on appeal are whether the Township may be found negligent for failing to erect a traffic control device on a roadway within its boundaries and whether the trial court properly refused to allow Appellants to proceed on a theory of defective design...

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