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Com., Dept. of Transp. v. Foley

Supreme Court of Pennsylvania
Sep 20, 1991
597 A.2d 89 (Pa. 1991)

Summary

reversing this Court's opinion filed March 26, 1991 where O'Connell was not an issue on appeal here

Summary of this case from Commonwealth v. Sorg

Opinion

September 20, 1991.

Petition No. 393 E.D. Allocatur Docket 1991 for Allowance of Appeal from the Commonwealth Court, 138 Pa. Commw. 567, 588 A.2d 1017 (1991), application for Stay of Order Reinstating Motor Vehicle License Suspension, Madaline Palladino, Judge.


ORDER


AND NOW, this 20th day of September, 1991, it is hereby ordered that the Petition for Allowance of Appeal is granted, No. 140 E.D. Appeal Docket 1991. It is further ordered that the order of the Commonwealth Court, dated March 26, 1991, at No. 1290 C.D. 1989, 138 Pa. Commw. 567, 588 A.2d 1017 is reversed and the order of the Court of Common Pleas of Delaware County, dated March 6, 1990, at No. 892596, is reinstated. Dept. of Transportation, Bureau of Traffic Safety v. O'Connell, 521 Pa. 242, 248, 555 A.2d 873, 875 (1989). It is further ordered that the Application for Stay of Order Reinstating Motor Vehicle License Suspension is denied as moot.

LARSEN, J., dissents.


Summaries of

Com., Dept. of Transp. v. Foley

Supreme Court of Pennsylvania
Sep 20, 1991
597 A.2d 89 (Pa. 1991)

reversing this Court's opinion filed March 26, 1991 where O'Connell was not an issue on appeal here

Summary of this case from Commonwealth v. Sorg

In Foley Judge Palladino wrote: "[o]n appeal to this court, DOT raises one issue: whether Licensee was required to produce expert medical evidence to prove that his injuries rendered him incapable of making a knowing and conscious refusal."

Summary of this case from Com., Dept. of Transp. v. Hoover
Case details for

Com., Dept. of Transp. v. Foley

Case Details

Full title:COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF…

Court:Supreme Court of Pennsylvania

Date published: Sep 20, 1991

Citations

597 A.2d 89 (Pa. 1991)
597 A.2d 89

Citing Cases

Commonwealth v. Sorg

We had assumed from this that the O'Connell issue would have to be raised diligently at every level of the…

Com., Dept. of Transp. v. Hoover

The Supreme Court reversed our decision and, in a one-sentence per curiam order, cited O'Connell as the only…