Commonwealth v. Bendas

OPINION

CRUMLISH, Jr., President Judge.

The Commonwealth, Department of Transportation (DOT), appeals a Union County Common Pleas Court order which, in pertinent part, denied its motion for summary judgment.1 We affirm.

This controversy arises out of an accident in which an automobile driven by Robert Bendas collided with Merrill Perry’s vehicle at the intersection of Legislative Route (L.R.) 475, a Commonwealth highway and Township Road *490533 in White Deer Township (Township). Bendas and Perry instituted separate suits, alleging that both the Township and DOT negligently failed to erect…