Stong v. Commonwealth, Department of Transportation

DISSENTING OPINION BY

Judge FRIEDMAN.

I must respectfully, but strongly, dissent to the majority’s determination in this case with respect to both the appeal of the Commonwealth of Pennsylvania, Department of Transportation (DOT) and the appeal of Marsha Stong (Stong). I would deny DOT’S appeal and affirm the October 5, 2001, order of the Lycoming County Court of Common Pleas, 19th Judicial District (trial court) granting Stong a new trial as to defendant DOT; further, I would grant Stong’s appeal and reverse the trial court’s denial of Stong’s request for a new trial as to defendant Sabrina C.…