Cagey v. PennDOT

The Pennsylvania Supreme Court granted allocatur to determine whether the Pennsylvania Department of Transportation (“PennDOT”) was liable for injuries caused by negligently and dangerously designed guardrails erected on Commonwealth real estate. Specifically, the Court found the issue reduced to whether the Commonwealth owed a duty of care when PennDOT installed a guardrail alleged to be dangerous. Pursuant to the plain language of the Sovereign Immunity Act, 42 Pa.C.S. sections 8521-8528, the Court found the Pennsylvania General Assembly waived PennDOT’s immunity as a bar to damages caused by dangerous guardrails affixed to Commonwealth real estate. Dean v. Dep’t of Transp., 751 A.2d 1130 (Pa. 2000) did not control under the facts presented here. The Court reversed the decision of the Commonwealth Court and remanded for further proceedings. View "Cagey v. PennDOT" on Justia Law