Winters v. PennDOT

HESS, J.,

This action arose out of the death of Jacob E. Winters who was struck and killed by a motor vehicle along the side of State Route 34 in the southern portion of the Borough of Mt. Holly Springs. Plaintiffs’ allegations against defendant, Borough of Mt. Holly Springs, are with respect to the municipality’s failure to make application for traffic-control devices and the failure to have a particular portion of Route 34 patrolled by its police officers. It is undisputed that the roadway in question is a state highway.

We agree with defendant that this cause of action does not fall within…