Murphy v. Commonwealth, Department of Transportation

JIULIANTE, Senior Judge.

Before the Court are consolidated appeals from two separate orders of the Court of Common Pleas of Luzerne County (trial court) concerning preliminary objections in the nature of a demurrer filed on behalf of the Department of Transportation (DOT) to a personal injury lawsuit filed against it by Maureen Murphy and Paul Murphy, her husband (the Murphys). The Murphys appeal from the trial court’s September 17, 1998 order that sustained DOT’s preliminary objections .and dismissed their complaint. 1

However, on November 5, 1998, the trial court granted the Murphys’ motion…