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FOSTER v. CITY OF PITTSBURGH

162 Pa.Commw. 553 (1994)

639 A.2d 929

Frank FOSTER and Jewell Comer-Foster, his wife, Appellants, v. CITY OF PITTSBURGH, v. James PATTERSON.

Commonwealth Court of Pennsylvania.

Decided March 17, 1994.

Petition for Allowance of Appeal Denied August 30, 1994.

Attorney(s) appearing for the Case

Wendell G. Freeland, for appellants.

J. Russell McGregor, Jr., for appellees.

Before COLINS and SMITH, JJ., and DELLA PORTA, Senior Judge.

COLINS, Judge.

Frank Foster and Jewell Comer-Foster, his wife (the Fosters), appeal from a May 6, 1993 decision and order of the Court of Common Pleas of Allegheny County (Common Pleas), which denied the Fosters' motion for post-trial relief to remove a nonsuit granted to the City of Pittsburgh (Pittsburgh).

On August 9, 1990, at approximately 1:00 a.m., Frank Foster (Foster) was driving east on Hamilton Avenue, approaching the intersection with Fifth Avenue...

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