Commonwealth, Department of Environmental Resources v. Auresto

OPINION

McDERMOTT, Justice.

This appeal is from the order of the Commonwealth Court reversing the order of the Court of Common Pleas of Pike County, 490 A.2d 492. The trial court held that the owner immunity granted by the Recreational Use of Land and Water Act1 (hereinafter Recreation Act) was applicable to the Commonwealth. We agree with the trial court’s holding and therefore reverse the decision of the Commonwealth Court.

Appellee, Anthony Auresto, was injured on February 10, 1982, when the snowmobile he was riding hit a snow covered tree stump on Peck’s Pond, Pike County. Peck’s Pond is…