LELLOCK v. MELLINGER, 525 Pa. 232 (1990)

579 A.2d 877

Leah LELLOCK, Executrix of the Estate of Roger A. Lellock, Deceased and Leah Lellock, Monica Lellock, Rodge Lellock and Belinda Lellock, Sterling Lellock, and Kirk Lellock by Their Parent and Natural Guardian, Leah Lellock, Appellants v. Arthur MELLINGER, III, Commonwealth of Pennsylvania, Department of Transportation and Borough of Ebensburg, Appellees.

Supreme Court of Pennsylvania.Submitted September 26, 1990.
Decided September 14, 1990.

Appeal No. 92 W.D. Appeal Dkt. 1988, from the Order of Commonwealth Court dated 1/6/88 at No. 3367 C.D. 1986 affirming the order of the Court of Common Pleas dated 11/3/86, Civil Division Cambria County, at No. 1985-1175.

Joseph E. Fieschko, Jr. and James C. Warmbrodt, Pittsburgh, for appellants.

Page 233

Margaret A. McLean, Pittsburgh, for Borough of Ebensburg.

Eugene G. Berry, Office of Atty. Gen., Pittsburgh, for the Com.

Herman C. Kimpel, Dickie, McCamey Chilcote, Pittsburgh, for Arthur Mellinger, III.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and PAPADAKOS, JJ.

ORDER
PER CURIAM:

Appeal dismissed as having been improvidently granted.

LARSEN and PAPADAKOS, JJ., dissent and would go to the merits of the case.