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COM., DEPT. OF TRANSP. v. TAYLOR

746 A.2d 626 (2000)

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellants, v. Gerald S. TAYLOR, Appellee.

Superior Court of Pennsylvania.

Filed February 1, 2000.

Attorney(s) appearing for the Case

Calvin R. Koons, Deputy Atty. Gen., Harrisburg, for appellants.

Richard Wile, Pittsburgh, for appellee.

Ellen M. Viakley, Deputy Dist. Atty., Pittsburgh, for Com., participating party.

Before CAVANAUGH, DEL SOLE, POPOVICH, JOHNSON, HUDOCK, FORD ELLIOTT, MUSMANNO, ORIE MELVIN, and LALLY-GREEN, JJ.

JOHNSON, J.:

¶ 1 In this appeal, we determine whether the Commonwealth of Pennsylvania, Department of Transportation (Penn-DOT), may properly refuse to produce accident reports and other records in response to a court order in a criminal prosecution where the materials to be produced are privileged under certain provisions of the Motor Vehicle Code. See 75 Pa.C.S. §§ 3741-3755. The trial court concluded that the privilege did not protect the...

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