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POWELL v. DRUMHELLER

153 Pa.Commw. 571 (1993)

621 A.2d 1197

Mary E. POWELL, As Administratrix of the Estate of Vincent E. Powell, Deceased, Appellant, v. David A. DRUMHELLER and Commonwealth of Pennsylvania, Department of Transportation and Winner Ford of Newark and Calderon Bros., Inc., Appellees.

Commonwealth Court of Pennsylvania.

Decided February 19, 1993.

Reargument Denied April 21, 1993.

Attorney(s) appearing for the Case

Esther L. Hornik, for appellant.

John P. Capuzzi, Deputy Atty. Gen., for appellees.

Before DOYLE, COLINS, PALLADINO, McGINLEY, SMITH, PELLEGRINI and FRIEDMAN, JJ.

PELLEGRINI, Judge.

Mary E. Powell (Powell), as Administratrix of the Estate of Vincent A. Powell, Deceased, appeals an order of the Court of Common Pleas of Chester County (trial court), sustaining the preliminary objections of the Pennsylvania Department of Transportation (DOT) and dismissing Powell's amended complaint1 because DOT was insulated from liability due to intervening...

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