Sweigard v. Pennsylvania Department of Transportation

Opinion

Per Curiam,

Appellants commenced an action in trespass alleging injuries while proceeding along Pennsylvania Route 147, resultant from a rock fall due to negligent maintenance and construction by the Pennsylvania Department of Transportation. This appeal arises from an order of the Commonwealth Court sustaining the Commonwealth’s preliminary objections based on constitutional immunity, as found in Article I, Section 11 of the Constitution of Pennsylvania, and dismissing appellants’ complaint. We now affirm.

Appellants make three contentions: the doctrine of sovereign immunity in…