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SALERNO v. LaBARR

159 Pa.Commw. 99 (1993)

632 A.2d 1002

Luigi SALERNO and Serafina Salerno, individually and as parents and natural guardians of Marco Salerno, deceased, and Estate of Marco Salerno, Appellants, v. Chester E. LaBARR, Smithfield Township, Commonwealth of Pennsylvania, Department of Transportation, Daniel Bamper and Terri Bamper, LTS Enterprises, Inc., Charles Kosmerl and Mary Kosmerl, Appellees.

Commonwealth Court of Pennsylvania.

Decided October 14, 1993.

Attorney(s) appearing for the Case

Brian M. Monahan, for appellants.

Paul A. Barrett, Lucille Marsh and Michael A. Gianetta, for appellees.

William A. Slotter, Sr. Deputy Atty. Gen., for Dept. of Transportation.

Before PALLADINO and KELLEY, JJ., and LORD, Senior Judge.

LORD, Senior Judge.

On July 9, 1989 at 4:55 p.m., Chester LaBarr was operating his automobile in a southerly direction on State Route 309 when he collided with a bicycle driven by Marco Salerno, a ten year old boy, who came from a driveway on the west side of the highway. The collision unfortunately resulted in the boy's death.

The parents commenced an action against the Commonwealth Department of...

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