In his recent decision in the case of Williams v. Beavers, No. 13-CV-1825 (C.P. Lacka. Co. Sept. 9, 2015 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas addressed a Motion for Summary Judgment in a case involving a Defendant who allegedly made a negligent U-turn.
The Defendants filed a Motion for Summary Judgment arguing
that the Defendant driver had not made an illegal U-turn. The court reviewed the motion under the
U-turn law set forth at 75 Pa. C.S. §3332(a).
Judge Nealon noted that there was sparse law on the issues
presented. The court did note that the
mere fact of making U-turn does not constitute negligence per se under
Pennsylvania law. However, the law does
require a motorist making a U-turn to first assure that the maneuver can be
completed safely without interfering with any approaching traffic. Moreover, other motorists are not required
to anticipate that another driver will make a U-turn into their path of
After reviewing the record before the court, Judge Nealon
found that issues of fact were present such that the motion should be denied
and the case allowed to proceed to a jury for a determination.
Anyone wishing to review this Opinion by Judge Nealon may click this LINK.