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SCHMIDT v. PENNSYLVANIA DEP'T OF TRANSP.

No. 33 C.D. 2023.

326 A.3d 147 (2024)

Ellen P. SCHMIDT as the Administratrix of the Estate of Geoffrey J. Schmidt, Deceased v. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION; Upper Merion Township; The Southeastern Pennsylvania Transportation Authority; The Valley Forge Historical Society; The Friends of Valley Forge and John Does (1-10). Appeal of: Department of Transportation.

Commonwealth Court of Pennsylvania.

Decided October 11, 2024.

Attorney(s) appearing for the Case

Claudia M. Tesoro, Senior Deputy Attorney General and Hannah Kogan, Deputy Attorney General, Honors Fellow, Philadelphia, for Appellant Department of Transportation.

Howard J. Bashman, Fort Washington, for Appellees Ellen P. Schmidt and the Estate of Geoffrey J. Schmidt, Deceased.

Elizabeth Schmidt-Jerdon, Blue Bell, for Appellee Southeastern Pennsylvania Transportation Authority.

BEFORE: HONORABLE RENÉE COHN JUBELIRER, President Judge, HONORABLE LORI A. DUMAS, Judge, HONORABLE MATTHEW S. WOLF, Judge.

The Pennsylvania Department of Transportation (PennDOT) appeals from the order entered in the Court of Common Pleas of Montgomery County (trial court) on December 9, 2022, which denied PennDOT's motion for summary judgment. In its motion, PennDOT asserted its sovereign immunity...

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