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CARTER v. CITY OF PHILADELPHIA

137 Pa.Commw. 152 (1991)

585 A.2d 578

Regina CARTER v. CITY OF PHILADELPHIA and Pennsylvania Department of Transportation. Appeal of PENNSYLVANIA DEPARTMENT OF TRANSPORTATION.

Commonwealth Court of Pennsylvania.

Decided January 8, 1991.

Attorney(s) appearing for the Case

Kathleen B. O'Connell, Deputy Atty. Gen., with her, Ernest D. Preate, Jr., Atty. Gen., Philadelphia, for appellant.

Alan C. Ostrow, Chief Asst. City Sol., with him, Miriam B. Brenaman, Deputy Sol. for Appeals, Norma S. Weaver, Chief Deputy in Charge of Claims, and Charisse Lillie, City Sol., Philadelphia, for appellee, City of Philadelphia.

Before DOYLE and McGINLEY, JJ., and BARRY, Senior Judge.

DOYLE, Judge.

The Department of Transportation (Department) appeals from an order of the Court of Common Pleas of Philadelphia County which granted the preliminary objections of the City of Philadelphia (City) to a complaint filed by Regina Carter (Carter) and dismissed the City as a party defendant to the action.

The relevant allegations in Carter's complaint are as follows: On July 6, 1987, Carter...

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