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COM. v. HICKEY

136 Pa.Commw. 223 (1990)

582 A.2d 734

COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, for the Use of Casey MOLEK v. Virginia HICKEY and Erie Insurance Company. Appeal of COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Appellant.

Commonwealth Court of Pennsylvania.

Decided November 19, 1990.

Attorney(s) appearing for the Case

Jason W. Manne, Asst. Counsel, Pittsburgh, for appellant.

Anthony V. Cortese, with him, Gilbert S. Solomon, Gilbert S. Solomon & Associates, Pittsburgh, for appellees.

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

OPINION

BARRY, Senior Judge:

The Department of Public Welfare (DPW) appeals an order of the Court of Common Pleas of Allegheny County which sustained the preliminary objections of the defendants, Virginia Hickey and the Erie Insurance Company (Erie), and dismissed DPW's complaint.

In its complaint, DPW alleges the following facts. In June of 1989, William Lloyd was involved in an automobile accident and was killed. He was driving Ms. Hickey's car...

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