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YACKOBOVITZ v. TRANSP. AUTHORITY

139 Pa.Commw. 157 (1991)

590 A.2d 40

Marie YACKOBOVITZ and Edward Yackobovitz v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Commonwealth of Pennsylvania, Department of Transportation and City of Philadelphia (Four Cases). Appeal of CITY OF PHILADELPHIA (Two Cases). Appeal of Matthew WOLFORD. Appeal of SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY.

Commonwealth Court of Pennsylvania.

Decided April 15, 1991.

Reargument Denied May 23, 1991.

Attorney(s) appearing for the Case

Alan C. Ostrow, Asst. City Sol., Philadelphia, for appellant, City of Philadelphia.

Joan A. Zubras, Philadelphia, for appellant, Southeastern Pennsylvania Transp. Authority.

Eric Gavin Marttila, Sagot, Jennings & Sigmond, Philadelphia, for appellee, Marie Yackobovitz.

Brian K. Wiley, Deputy Atty. Gen., with him Allan E. Ells, Deputy Atty. Gen., Philadelphia, for appellee, Com.

Before COLINS and PELLEGRINI, JJ., and NARICK, Senior Judge.

PELLEGRINI, Judge.

This is a consolidated direct appeal from a decision of the Court of Common Pleas of Philadelphia County which found the defendant City of Philadelphia (City) primarily liable and the Southeastern Pennsylvania Transportation Authority (SEPTA) secondarily liable, and absolved the Commonwealth of Pennsylvania, Department of Transportation (PennDot) of any liability for injuries sustained when plaintiff Marie Yackobovitz stepped into a pothole located...

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