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MICHAEL G. BORTULIN AND CLARA ALLISON v. HARLEY-DAVIDSON MOTOR CO. (03/30/88)

decided: March 30, 1988.

MICHAEL G. BORTULIN AND CLARA ALLISON
v.
HARLEY-DAVIDSON MOTOR CO., INC. ET AL. MICHAEL G. BORTULIN, APPELLANT



Appeals from the Order of the Court of Common Pleas of Philadelphia County in the case of Michael G. Bortulin and Clara Allison v. Harley-Davidson Motor Co., Inc., et al., No. 967 July Term, 1986.

COUNSEL

Gordon W. Gerber, Dechert, Price & Rhoads, with him, Mark S. Pinnie, Lord & Mulligan, for appellants, Michael G. Bortulin and Clara Allison.

Barbara L. Hollenbach, with her, Robertson B. Taylor, Holland, Taylor and Sorrentino, for appellee, Harley-Davidson Motor Co., Inc.

Jessie L. Smith, Office of Attorney General, Torts Litigation Unit, for appellee, Department of Transportation.

James J. Donohue, White and Williams, for appellee, The Pennsylvania State University.

Albert E. Hart, Jr., LaBrum and Doak, for appellee, Franklin County.

Paul F. Lantieri, with him, Albert L. Bricklin, Bennett, Bricklin & Saltzburg, for appellee, Fawn Aileen Bumbaugh.

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

Author: Palladino

[ 115 Pa. Commw. Page 44]

Michael G. Bortulin and Clara Allison (Appellants) appeal an order of the Court of Common Pleas of Philadelphia County (trial court) sustaining the preliminary objections of the Commonwealth of Pennsylvania, Department of Transportation (PennDOT). We affirm.

Appellants were involved in a motor vehicle accident on or about April 26, 1985 when the motorcycle upon which they were riding was struck by an automobile driven by Fawn Aileen Bumbaugh (Bumbaugh). The accident occurred in the Borough of Mont Alto, Franklin County as Bumbaugh was exiting the Mont Alto campus of the Pennsylvania State University by means of a bridge located on the campus and a road in Quincy Township.

Appellants filed a complaint in the trial court on July 10, 1986 against Harley-Davidson Motor Company, Inc.*fn1 (the manufacturer of the motorcycle upon which they were riding), PennDOT, the Pennsylvania State University, the Borough of Mont Alto, Quincy Township, Franklin County, and Bumbaugh. The complaint alleged negligence, strict liability, and warranty claims against the various defendants.

Bumbaugh and PennDOT filed preliminary objections to the complaint and asserted that venue in Philadelphia County was ...


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