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MIRANDA v. CITY OF PHILADELPHIA

166 Pa.Commw. 181 (1994)

646 A.2d 71

Luis MIRANDA, Appellant, v. CITY OF PHILADELPHIA and Commonwealth of Pennsylvania and Department of Transportation.

Commonwealth Court of Pennsylvania.

Decided July 21, 1994.

Attorney(s) appearing for the Case

No appearance for the appellant.

Kate M. Johnson Norton, Deputy Atty. Gen., for appellees.

Before DOYLE and NEWMAN, JJ., and NARICK, Senior Judge.

DOYLE, Judge.

Luis Miranda appeals from an order of the Court of Common Pleas of Philadelphia County which granted the Motion to Dismiss filed by the Department of Transportation (DOT).

On January 8, 1990, Miranda, who was alone at the time, was injured when he stepped into an allegedly snow-covered opening or excavation in the cartway of Fifth Street near Cambria Street in Philadelphia. Fifth Street was a state-designated highway at the time of Miranda's...

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