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COUNTY ALLEGHENY v. LIVIO DOMINIJANNI AND COMMONWEALTH PENNSYLVANIA (09/22/87)

decided: September 22, 1987.

COUNTY OF ALLEGHENY, A POLITICAL SUBDIVISION OF THE COMMONWEALTH OF PENNSYLVANIA
v.
LIVIO DOMINIJANNI AND COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, ET AL. LIVIO DOMINIJANNI, APPELLANT. BELL TELEPHONE COMPANY OF PENNSYLVANIA V. LIVIO DOMINIJANNI AND COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, ET AL. LIVIO DOMINIJANNI, APPELLANT. DUQUESNE LIGHT COMPANY V. LIVIO DOMINIJANNI AND COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, ET AL. LIVIO DOMINIJANNI, APPELLANT



Appeals from the Order of the Court of Common Pleas of Allegheny County, in cases of County of Allegheny, A Political Subdivision of The Commonwealth of Pennsylvania v. Livio Dominijanni v. Pennsylvania Department of Transportation, North Versailles Township Sanitary Authority, Po On Lee, North Versailles Township Water Authority, Felix Abramovich and Edward Abrams, No. G.D. 85-9098; Bell Telephone Company of Pennsylvania v. Livio Dominijanni, No. G.D. 86-7476, and Duquesne Light Company v. Livio Dominijanni v. Pennsylvania Department of Transportation, North Versailles Township Sanitary Authority, Po On Lee, North Versailles Township Water Authority, Felix Abramovich, Edward Abrams and County of Allegheny, No. A.D. 86-782.

COUNSEL

J. Bradley Kearns, with him, Caren L. Mariani and Clyde T. MacVay, Evans, Ivory, Moses, Hollander & MacVay, P.C., for appellant, Livio Dominijanni.

Paul A. Rich, for appellee, The Bell Telephone Company of Pennsylvania.

Michael N. Vaporis, Cauley, Conflenti & Latella, for appellee, Duquesne Light Company.

Michael J. Kearney, Jr., Weis & Weis, for appellee, North Versailles Township Sanitary Authority.

Judges Craig and Palladino, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Palladino.

Author: Palladino

[ 109 Pa. Commw. Page 486]

Livio Dominijanni (Appellant) appeals an order of the Allegheny County Court of Common Pleas sustaining the preliminary objection in the nature of a demurrer of the North Versailles Township Sanitary Authority (Authority) and dismissing the Authority as a party in these consolidated cases. We reverse.

On December 22, 1984, a landslide, originating on Appellant's property, deposited a large amount of dirt and debris onto Ice Plant Hill Road (owned and maintained by Allegheny County), buried a Bell Telephone Company of Pennsylvania manhole under 12-15 feet of material, and damaged property owned by Duquesne Light Company. Allegheny County, Bell Telephone and Duquesne Light filed complaints against Appellant alleging Appellant's negligence caused the landslide. These cases were consolidated for trial.

Appellant joined a number of additional defendants, one of which was the Authority. Appellant made the following averments concerning the Authority:*fn1

13. The original defendant [Appellant] is informed and therefore avers that at all times relevant hereto, the additional defendant, the North Versailles Township Sanitary Authority, owned, installed and/or caused to be installed in the original defendant's property a transite sanitary sewer pipe running approximately along the boundary line between North Versailles Township

[ 109 Pa. Commw. Page 487]

    and East McKeesport Borough. The original defendant further avers that the said pipe was found broken and running into the slope, thus allowing seepage ...


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