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CARL POST ET AL. v. LINLEY JOHN DODD ET AL. COMMONWEALTH PENNSYLVANIA (05/11/88)

decided: May 11, 1988.

CARL POST ET AL.
v.
LINLEY JOHN DODD ET AL. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, APPELLANT. CARL POST ET AL. V. LINLEY JOHN DODD ET AL. LINLEY JOHN DODD ET AL., APPELLANT



Appeals from the Order of the Court of Common Pleas of Erie County, in the case of Carl Post, Sherry Post, his wife, Tammy Post, Donald Post and Emma Post, his wife v. Linley John Dodd, Elmer George Honsler, Ranger Nationwide, Inc., Ryder System, Inc., Roger Locke and Commonwealth of Pennsylvania, Department of Transportation, No. 4483 A 1985.

COUNSEL

Louis C. Long, with him, Richard J. Mills and Gregory F. Buckley, Meyer, Darragh, Buckler, Bebenek & Eck, for appellants, Linley John Dodd, Elmer George Honsler, Ranger Nationwide, Inc. and Ryder Systems, Inc.

Robert T. McDermott, Deputy Attorney General, with him, Mark E. Garber, Chief, Tort Litigation Unit, and LeRoy S. Zimmerman, Attorney General, for appellant, Department of Transportation.

John B. Fessler, with him, Will J. Schaaf, Marsh, Spaeder, Baur, Spaeder & Schaaf, for appellee, Roger Locke.

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

Author: Barbieri

[ 116 Pa. Commw. Page 115]

Linley John Dodd, Elmer George Honsler, Ranger Nationwide, Inc., Ryder Systems, Inc., and the Commonwealth

[ 116 Pa. Commw. Page 116]

    of Pennsylvania, Department of Transportation (collectively Co-defendants) appeal the order of the Court of Common Pleas of Erie County granting summary judgment to Defendant Roger Locke (Locke) in a personal injury action arising from a motor vehicle accident brought by Carl Post, Sherry Post, his wife, Tammy Post, Donald Post and Emma Post, his wife (Plaintiffs). Also before this Court is Locke's petition to supplement the record with additional deposition evidence taken after the trial court rendered its decision. We reverse the trial court's grant of summary judgment against the Co-defendants only, deny the petition to supplement the record, and remand.

On December 17, 1983, Roger Locke was driving Carl Post, Sherry Post and Tammy Post back from the wedding reception of Carl and Sherry Post when his automobile was struck by a tractor-trailer driven by Linley John Dodd at the intersection of the westbound entrance ramp of Interstate 90 and U.S. Route 20 in Erie County. Carl and Sherry Post, and Donald and Emma Post on behalf of their minor child Tammy Post, all instituted suit for the serious injuries the passengers in the Locke automobile sustained. Joined as defendants were Linley John Dodd, the owners of the tractortrailer he was driving, the Department of Transportation (DOT), and Roger Locke. These defendants all filed cross-claims against each other, and at issue in the case are the claims for contribution and indemnity filed by the various Co-defendants against Locke (R. 60-61a; 64-66a).

Discovery proceedings were instituted and the depositions of the Plaintiffs, Locke, and a witness to the accident, Julie Otteni, were taken. The Co-defendants had trouble locating their witness, Linley John Dodd, and the discovery deadline imposed by the trial court passed before they could find and depose him. At the

[ 116 Pa. Commw. Page 117]

    close of discovery, Locke filed a motion for summary judgment based on his own deposition and the depositions of the Plaintiffs and Julie Otteni. The Plaintiffs did not oppose this motion and do not appeal the grant of it. The other Co-defendants did oppose the motion but could offer no evidence in opposition. The trial court granted Locke's motion and it is the Co-defendants who now appeal to this Court, ...


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