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CLACK v. COM., DEPT. OF TRANSP.

710 A.2d 148 (1998)

David CLACK, individually, and t/d/b/a D & C Trucking Company, and Bernard Elam, an Individual, Appellants v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Golden Triangle Construction, Inc., Protection Services, Inc., Burlington Motor Carriers, Inc., a Corporation. Carl Richard ANDERSON and Rena Kay Anderson, his wife v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Bernard Elam and D & C Trucking Company, Appeal of Bernard ELAM and D & C Trucking Company, Appellants. BURLINGTON MOTOR CARRIERS, INC., a Corporation v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Bernard Elam and David Clack d/b/a D & C Trucking Company, Appeal of Bernard ELAM and David Clack d/b/a D & C Trucking Company, a sole proprietorship, Appellants. Carl Richard ANDERSON and Rena Kay Anderson, his wife, Appellants v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Bernard Elam and D & C Trucking Company. David CLACK, Individually, and t/d/a D & C Trucking Company and Bernard Elam v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Golden Triangle Construction Company, Inc., Protection Services, and Burlington Motor Carriers, Inc., a Corporation, Appeal of BURLINGTON MOTOR CARRIERS, INC., Appellant. BURLINGTON MOTOR CARRIERS, INC., a Corporation, Appellant. v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Bernard Elam and David Clack d/b/a D & C Trucking Company, a Sole Proprietorship.

Commonwealth Court of Pennsylvania.

Decided April 30, 1998.

Reargument Denied June 15, 1998.

Attorney(s) appearing for the Case

Leslie J. Castaldi, Philadelphia, and Kim R. Bobrowski, Pittsburgh, for appellants

L. John Argento, Pittsburgh, and Kathleen Smith-Delach, Washington, for appellee.

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

NARICK, Senior Judge.

This Court must determine whether the Court of Common Pleas of Greene County (trial court) properly denied requests for judgment notwithstanding the verdict (JNOV) or a new trial following a jury trial. This consolidated appeal arises from a motor vehicle accident which occurred in March 1993, on Interstate 79 (I-79) at the Waynesburg, Pennsylvania exit. Based upon the law and our review of the record, we affirm, as modified.

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