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SMITH v. STRIBLING

168 Pa.Commw. 188 (1994)

649 A.2d 1003

Mildred SMITH, Administratrix of the Estate of Shawn P. Smith, Deceased, Appellant, v. Darnell Ellis STRIBLING; John Stribling and Beverly Stribling, his wife, Borough of Mount Oliver and Patrick Z. Mooney.

Commonwealth Court of Pennsylvania.

Decided October 26, 1994.

Reargument Denied December 21, 1994.

Attorney(s) appearing for the Case

Lester E. Zittrain, for appellant.

James P. O'Connell, for appellee Darnell Ellis Stribling.

Kenneth J. Nolan, for appellee Borough of Mount Oliver.

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

SILVESTRI, Senior Judge.

Mildred Smith (Smith), administratrix of the estate of Shawn P. Smith (Decedent), appeals an order of the Court of Common Pleas of Allegheny County (trial court) which denied her motion for post-trial relief.

On December 13, 1989, the Decedent attempted to cross Brownsville Road on foot near its intersection with Walnut Street in the Borough of Mount Oliver (Borough). In attempting...

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