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Rotkewicz v. Com., Dept. of Transp

Superior Court of Pennsylvania
Dec 17, 1982
453 A.2d 365 (Pa. Super. Ct. 1982)

Opinion

Argued November 4, 1982.

Filed December 17, 1982.

Appeal from the Court of Common Pleas of Lehigh County, Civil Division No. 80-C-4271; Backenstoe, Judge.

Norman Blatt, Allentown, for appellant.

Walter F. Froh, Harrisburg, for appellee.

Before SPAETH, ROWLEY and VAN der VOORT, JJ.

OPINION


This appeal is from an order sustaining appellee's demurrer to appellant's complaint in trespass and assumpsit. It will be transferred to the Commonwealth Court.

Appellant argues, inter alia, that the Department of Transportation has a duty to ensure that all registered motor vehicles are covered with proper no-fault insurance, and that without requiring proof of such coverage, it negligently issued a vehicle registration to the driver who injured appellant.

We think this case is within the jurisdiction of the Commonwealth Court, see 42 C.S.A. § 762(a)(1) and § 761(a)(1)(iii) and (iv), and that it should, accordingly, be heard there.

This appeal is transferred to the Commonwealth Court.


Summaries of

Rotkewicz v. Com., Dept. of Transp

Superior Court of Pennsylvania
Dec 17, 1982
453 A.2d 365 (Pa. Super. Ct. 1982)
Case details for

Rotkewicz v. Com., Dept. of Transp

Case Details

Full title:Raymond ROTKEWICZ, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT…

Court:Superior Court of Pennsylvania

Date published: Dec 17, 1982

Citations

453 A.2d 365 (Pa. Super. Ct. 1982)
453 A.2d 365