Legal Opinion
Gwiszcz v. City of Philadelphia
Commonwealth Court of Pennsylvania
Decided December 1, 1988No. Appeal 272 C.D. 1988PublishedCited by 16 opinions
1Opinion of the Court
Opinion by
President Judge Crumlish, Jr.,
The Department of Transportation (DOT) appeals a Philadelphia County Common Pleas Court order deny ing its motion for summary judgment. We quash the appeal as interlocutory.
Robert Gwiszcz lost control of his motorcycle on Delaware Avenue 1 in the city of Philadelphia, when the vehicles front and rear wheels became lodged on either side of railroad tracks exposed by roadway ruts and potholes. As Gwiszcz approached a set of perpendicular tracks, he jumped off his motorcycle to avoid injury. Gwiszcz was then struck and injured by a hit-and-run motorist…
2Cases cited6 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Bell v. Beneficial Consumer Discount Co.Supreme Court of Pennsylvania · 1975
- Pennsylvania Turnpike Commission v. Atlantic Richfield Co.Supreme Court of Pennsylvania · 1978
- Urbano v. MenesesSuperior Court of Pennsylvania · 1981
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Africa v. City of PhiladelphiaCourt of Appeals for the Third Circuit · 1995
- Kramer v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1994
- In Re King PropertiesCommonwealth Court of Pennsylvania · 1992
- McKinney v. City of PhiladelphiaCommonwealth Court of Pennsylvania · 1989
- Brown v. WongHawaii Supreme Court · 1990
11 more not listed; retrieve them via the Exa API.