Smith v. Commonwealth, Department of Transportation

I respectfully dissent from the majority’s decision to reverse the trial court’s granting of summary judgment in favor of PennDot because the expert report relied upon does not state that State Route 350 was defectively designed.

On January 23, 1992, Deena Smith (Smith) was injured while riding as a passenger in a vehicle driven by a colleague. The driver of the ear lost control when she hit a patch of ice while travelling on State Route 350, causing the car to leave the road and hit a tree. The road was covered with ice and slush. Smith and her husband filed a complaint against PennDot…