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CONNER v. MUNSEY

533 Pa. 143 (1993)

620 A.2d 1103

Penny Sue CONNER, Appellant, v. Keith Alan MUNSEY and Commonwealth of Pennsylvania, Department of Transportation, Appellee. Lorraine GENTILE, Administratrix of the Estate of Salvatore J. Gentile, Deceased, Appellant, v. Keith Alan MUNSEY and Commonwealth of Pennsylvania, Department of Transportation, Appellees.

Supreme Court of Pennsylvania.

Decided February 17, 1993.

Attorney(s) appearing for the Case

Thomas A. Berret, Ronald L. Hicks, Jr., Meyer, Unkovic & Scott, Pittsburgh, for appellant Peggy Sue Conner.

Raymond Seals, Pittsburgh, for appellant Lorraine Gentile, Adx.

John W. Jordan, IV, Grigsby, Gaca & Davies, P.C., Arthur R. Gorr, Gorr, Dell & Loughney, Pittsburgh, for Keith Alan Munsey.

Frank J. Micale, Sr. Deputy Atty. Gen., Ernest D. Preate, Jr., Atty. Gen., Mark E. Garber, Chief, Tort Litigation Div., Office of Atty. Gen., Pittsburgh, for Com., Dept. of Transp.

Before NIX, C.J., and LARSEN, FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY and MONTEMURO, JJ

OPINION OF THE COURT

PAPADAKOS, Justice.

This matter comes to us by allowance of appeal from an order of the Commonwealth Court reversing the entry of an award of delay damages which had been entered against the Commonwealth. 122 Pa.Cmwlth. 475, 553 A.2d 94. The facts giving rise to the underlying causes of action are as follows.

In 1983, Keith Munsey's van was being driven north on Route 28 in Shaler Township when...

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