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GARCIA v. COM.

131 Pa.Commw. 327 (1990)

570 A.2d 137

Wilson GARCIA v. COMMONWEALTH of Pennsylvania, City of Philadelphia and Southeastern Pennsylvania Transportation Authority. Appeal of COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant. Wilson GARCIA v. COMMONWEALTH of Pennsylvania, City of Philadelphia and Southeastern Pennsylvania Transportation Authority. Appeal of COMMONWEALTH of Pennsylvania, Appellant.

Commonwealth Court of Pennsylvania.

Decided February 15, 1990.

Attorney(s) appearing for the Case

Matthew L. Wolford, Deputy Atty. Gen., for appellant.

David Schachter, Marks, Feiner & Fridkin, P.C., for appellee.

Before DOYLE and PALLADINO, JJ., and BARBIERI, Senior Judge.

PALLADINO, Judge.

This is an appeal by the Department of Transportation (DOT) from an order of the Court of Common Pleas of Philadelphia County (trial court) which permitted Wilson Garcia (Garcia) to amend his complaint by substituting a commonwealth party, DOT, for the originally named defendant, Commonwealth of Pennsylvania (Commonwealth), and precluded DOT from raising the statute of limitations as an affirmative defense. We reverse.

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