COM., DEPT. OF TRANSP. v. ZUBRITSKY

PER CURIAM.

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.