Opinion
May 23, 1991.
Petition No. 42 Western District Allocatur Docket 1991 for Allowance of Appeal from the Order of the Commonwealth Court of Pennsylvania entered December 21, 1990 at No. 677 C.D. 1990 reversing the Order of the Court of Common Pleas Allegheny County at No. SA-3008 of 1989 entered February 28, 1990.
ORDER
In accordance with Commonwealth, Dept. of Transportation v. O'Connell, 521 Pa. 242, 555 A.2d 873 (1989), the Petition for Allowance of Appeal is hereby GRANTED, and, furthermore, the Order of the Commonwealth Court is reversed 137 Pa. Commw. 647, 584 A.2d 1105, and this matter is remanded for new trial.
McDERMOTT, J., dissents.