In the case of Texeira v. Commonwealth Dept. of Transp., No. 997 C.D. 2021 (Pa. Cmwlth. Aug. 30, 2022 McCullough, J.), the Commonwealth Court found that a trial court erred in finding that PennDOT has sovereign immunity in the Plaintiff’s negligence lawsuit over his motorcycle accident that was allegedly caused by a pothole.
The appellate court found that the trial court erred in granting summary judgment because the Plaintiff’s complaints to PennDOT about road conditions were not in writing and there were material issues of fact as to whether the customer service records were sufficiently to provide notice to PennDOT.
There were also issues of fact as to whether or not the potholes were patched prior to the accident.
The case was reversed and remanded to the trial court for further proceedings.
Anyone wishing to review a copy of this decision may click this LINK.
Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Sept. 27, 2022).
Source of image: Photo by Ian Taylor on www.pexels.com.
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