DONNELLY v. SOUTHEASTERN PA TRANSP. AUTH.


708 A.2d 145 (1998)

John F. DONNELLY, Jr. and Colleen Donnelly v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY and Muratone. Appeal of SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Appellant.

Commonwealth Court of Pennsylvania.

Decided March 12, 1998.


Attorney(s) appearing for the Case

Lisa B. Flickstein, Philadelphia, for appellant.

Donald M. Moser, Philadelphia, for appellees.

Before FRIEDMAN and KELLEY, JJ., and JIULIANTE, Senior Judge.


FRIEDMAN, Judge.

Southeastern Pennsylvania Transportation Authority (SEPTA) appeals from an order of the Court of Common Pleas of Philadelphia County (trial court) that denied SEPTA's motion for summary judgment. We reverse.

In 1990, SEPTA awarded a general contract to Tony DePaul & Son (Depaul) for the renovation of elevated rail lines known as the Railworks Project.1 DePaul then entered into a subcontract with Muratone Company...

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