Zlakowski v. PennDOT

SOKOLOVE, J.,

Before us for decision is an oral motion to dismiss made by the defendant, Commonwealth of Pennsylvania, Department of Transportation, in the course of pre-trial, evidentiary hearings. We will treat the motion at this stage of these proceedings as one for summary judgment and analyze it in accordance with the standards of Pa.R.C.P. 1035. First, we will sum*486marize the unique facts of this case and review its relevant procedural history.

On May 28, 1983, plaintiff Joseph Thomas Zlakowski was severely injured when thrown from the dirt bike he was riding on certain vacant property…