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CONSOLIDATED RAIL v. SHIRK

143 Pa.Commw. 422 (1991)

599 A.2d 262

CONSOLIDATED RAIL CORPORATION, Appellant, v. David S. SHIRK, by his parent and Natural Guardian, Jerry D. SHIRK, and Jerry D. Shirk, in his own right, City of Lebanon and Buchart-Horn, Appellees.

Commonwealth Court of Pennsylvania.

Decided November 13, 1991.

Attorney(s) appearing for the Case

David C. Eaton, for appellant.

Wiley P. Parker, for appellees.

Before PALLADINO and McGINLEY, JJ., and SILVESTRI, Senior Judge.

PALLADINO, Judge.

Consolidated Rail Corporation (Conrail) appeals an order of the Court of Common Pleas of Lebanon County (trial court) denying Conrail's motion for summary judgment, and granting the motion for summary judgment of the City of Lebanon (City).

Jerry D. Shirk initiated an action by filing a complaint against Conrail, on behalf of his son, David S. Shirk, to recover damages for injuries...

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