Cagey, J., Aplt. v. PennDOT

CHIEF JUSTICE SAYLOR, Concurring

I join the majority opinion. I acknowledge that I supported the per curiam Order in Baer v. PennDOT , 564 Pa. 603, 770 A.2d 287 (2001), which applied the decision in Dean v. PennDOT , 561 Pa. 503, 751 A.2d 1130 (2000), in circumstances involving alleged negligence in the design, construction, and maintenance of guardrails. The majority has persuaded me, nonetheless, that the outcome of Baer is undermined by a conventional fixtures analysis.

I wish to also touch briefly on the substantive liability standard involved. In this regard, I observe that the decision in…