Salerno v. LaBarr

LORD, Senior Judge.

On July 9, 1989 at 4:55 p.m., Chester LaBarr was operating his automobile in a southerly direction on State Route 309 when he collided with a bicycle driven by Marco Salerno, a ten year old boy, who came from a driveway on the west side of the highway. The collision unfortunately resulted in the boy’s death.

The parents commenced an action against the Commonwealth Department of Transportation (DOT), which maintained the highway, against Smithfield Township, where the accident occurred, and against three adjoining land-owners and LaBarr. All the defendants except LaBarr moved…