DeCola v. PennDOT

LASH, J.,

— The matter before this court is the motion of defendant, Department of Transportation, Commonwealth of Pennsylvania (Penn-DOT), for summary judgment. Specifically, PennDOT claims sovereign immunity pursuant to 1 Pa.C.S. §2310 and 42 Pa.C.S. §8521 et seq. Plaintiff, Jennifer DeCola, claims that the doctrine of sovereign immunity is waived because of an applicable exception, namely, 42 Pa.C.S. §8522(b)(4) relating to a dangerous condition of Commonwealth agency highways. Argument was held on September 8,2004. For reasons set forth herein, we grant PennDOT’s motion and enter summary…