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POWELL v. DRUMHELLER

539 Pa. 484 (1995)

653 A.2d 619

Mary POWELL, as Administratrix of the Estate of Vincent A. Powell, deceased, Appellant, v. David DRUMHELLER and Commonwealth of Pennsylvania Department of Transportation and Winner Ford of Newark and Caldron Bros., Inc., Appellees.

Supreme Court of Pennsylvania.

Decided January 23, 1995.

Attorney(s) appearing for the Case

Germaine Ingram, Philadelphia, for M.E. Powell.

Laurence Kelly, Montrose, for amicus — Pa. Trial Lawyers Assoc.

John P. Capuzzi, Norristown, for PENNDOT.

Philip B. Silverman, Philadelphia, for Winner Ford.

Joseph J. Dougherty, West Chester, for Caldron Bros. Inc.

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

OPINION

MONTEMURO, Justice.

Appellant, Mary Powell as Administratrix of the Estate of Vincent A. Powell, appeals from an order of the Commonwealth Court sustaining the preliminary objections of Appellee, Pennsylvania Department of Transportation (PENNDOT) and dismissing Powell's amended complaint with regard to PENNDOT.

The sole issue presented for our review is whether the criminally negligent conduct...

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