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LING v. COMMONWEALTH

No. 1809 C.D. 2012

79 A.3d 1 (2013)

Daniel LING and Catherine Ling, husband and wife, Appellants v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, and Michael Allen.

Commonwealth Court of Pennsylvania.

Decided July 18, 2013.

Publication Orderd September 30, 2013.

Attorney(s) appearing for the Case

James C. Heneghan , Pittsburgh, for appellants.

Kemal A. Mericli , Senior Deputy Attorney Gernal, Pittsburgh, for appellee, Commonwealth of Pennsylvania, Department of Transportation.

BEFORE: McGINLEY, Judge, and McCULLOUGH, Judge, and FRIEDMAN, Senior Judge.

OPINION BY Judge McCULLOUGH.1

Daniel Ling and Catherine Ling2 appeal from the August 20, 2012 order of the Court of Common Pleas of Allegheny County (trial court) granting summary judgment in favor of the Department of Transportation (DOT). We affirm.

The relevant facts of this case are not in dispute. On June 30, 2006, Daniel Ling stopped his car at the edge of a private driveway, preparing to make...

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