Magill v. PennDot

OTT, J.,

Plaintiff has appealed from this court’s entry of a compulsory nonsuit on January 26, 1989.

FACTS

Early on the morning of May 2, 1985, plaintiff was driving on a friend’s car west on Pennsylvania Route 63 in Lower Salford Township, Montgomery County, when he admits he fell asleep at the wheel. *488After crossing the eastbound lane; the car struck a guardrail resulting in multiple injuries to plaintiffs hands, arms and face.

Undaunted by the facts, plaintiff filed a complaint on March 31, 1986, against defendant Commonwealth of Pennsylvania, Department of Transportation. The complaint alleged…