Wednesday, February 21, 2018

Supreme Court Reverses Law and Rules that PennDOT Not Immune From Suit For Negligent Installation of Guiderail

In the case of Cagey v. PennDOT, No. 36 WAP 2016 (Pa. Feb. 21, 2018)(Maj. Op. by Donohue, J.), handed down by the Pennsylvania Supreme Court yesterday, the Court expressly overruled Fagan and its progeny and held that PennDOT is only immune when it fails to install a guardrail.  The Court held that when PennDOT installs a guardrail, sovereign immunity is waived if the agency’s negligent installation and design creates a dangerous condition that causes or contributes to an accident. 
Although there are two Concurring Opinions, it appears that all of the Justices agreed on the ultimate holding of the case set forth above. 
Anyone wishing to review the Majority Opinion written by Justice Christine Donohue may click this LINK.
The Concurring Opinion written by Chief Justice Thomas G. Saylor can be viewed HERE.
The Concurring Opinion written by Justice David Wecht can be viewd HERE.
I send thanks to Attorney Scott Cooper for bringing this decision to my attention.

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