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THUNBERG v. STRAUSE

545 Pa. 607 (1996)

682 A.2d 295

Janice Lee THUNBERG v. Howard STRAUSE, Diana Gazey, Administratrix of the Estate of John P. Gazey, Deceased, and Commonwealth of Pennsylvania, Department of Transportation. ESTATE OF John P. GAZEY, by Diana GAZEY, Individually and as Administratrix of the Estate of John P. Gazey, Deceased, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Janice Lee Thunberg, Howard Strause and Michael Albert Simaska. Appeal of Diana GAZEY, Administratrix of the Estate of John P. Gazey, Deceased.

Supreme Court of Pennsylvania.

Decided September 17, 1996.

Attorney(s) appearing for the Case

Christopher S. Underhill, Lancaster, for Gazey.

Stephen L. Banko, Jr., Harrisburg, Jon C. Lyons, Lancaster, for J. Thunberg.

Before FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTEMURO, JJ.

OPINION OF THE COURT

CASTILLE, Justice.

The two related issues presented in this case are: (1) whether the trial court abused its discretion when it awarded reasonable counsel fees and costs against appellee Thunberg for filing a negligence action against the estate of the person killed by Thunberg's automobile while it sped uncontrollably in a westward direction in the eastbound lanes of a four-lane highway and (2) whether additional counsel fees...

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