Barrett v. PennDOT

LEVIN, J.,

Before this court is a motion for summary judgment brought by defendant, Pennsylvania Department of Transportation.

This action arises from an .accident which occurred on March 7,1987. On that date, plaintiff was riding his bicycle on Pittsburgh Avenue (or the berm) and hit a pothole. Plaintiff has alleged injuries as a result of this incident and attempts to impose liability on PennDOT.

PennDOT denies liability and asserts that liability of Commonwealth parties is controlled by the limited statutory exceptions to sovereign immunity. 42 Pa.C.S. §5110 et seq. (repealed), now found at…