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ROMAN HARASYM v. PENNSYLVANIA DEPARTMENT TRANSPORTATION (12/02/83)

filed: December 2, 1983.

ROMAN HARASYM
v.
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, PHILADELPHIA ELECTRIC COMPANY AND THE CITY OF PHILADELPHIA. APPEAL OF THE CITY OF PHILADELPHIA



No. 239 Philadelphia, 1982, Appeal from the Order of December 23, 1981, Court of Common Pleas, Philadelphia County, Civil Division at No. 4468 July Term 1979.

COUNSEL

Sarah Makin, Assistant City Solicitor, Philadelphia, for appellant.

Alexander Zdrok, Philadelphia, for Harasym, appellee.

Claudia J. Martin, Philadelphia, for Pa. Dept. of Trans., appellee.

Wayne M. Thomas, Philadelphia, for Phila. Elec. Co., appellee.

Cirillo, Johnson and Cercone, JJ.

Author: Per Curiam

[ 321 Pa. Super. Page 493]

Appellant City of Philadelphia brings this appeal from the order of the trial court dated December 23, 1981 denying appellant's motion to open judgment or in the alternative to reconsider its order of November 10, 1981. Because the order of December 23 is not a final order, we quash the appeal.

The instant action arose from an automobile accident on July 27, 1978 in which plaintiff Harasym was injured when his vehicle struck a utility pole owned by Philadelphia Electric Company (PECO) on a state highway maintained by the Pennsylvania Department of Transportation (PennDot).

[ 321 Pa. Super. Page 494]

PECO, in turn, joined appellant as an additional defendant and filed a cross-claim against appellant.

On May 6, 1980 PECO served a Request for Production of Documents upon appellant. PECO filed a motion for sanctions on March 2, 1981, as appellant had failed to produce the requested documents. The trial court then ordered appellant to produce the requested documents within 20 days or be subject to further sanctions. Upon appellant's production of only certain documents, and pursuant to PECO's second sanctions motion on September 4, 1981, the trial court entered an order on November 10, 1981 granting judgment as to liability in favor of PECO against appellant on ...


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