Rothermel v. Commonwealth, Department of Transportation

I respectfully dissent. The majority opinion holds that the absence of a guardrail did not cause injuries to Maria Rothermel and Maria McArdle (decedents) but merely facilitated their injuries. I disagree that, taking the facts as alleged in the pleadings, the absence of a guardrail was not a proximate cause of the injuries and would hold that the Commonwealth of Pennsylvania, Department of Transportation (PennDOT) is not shielded from liability under the Sovereign Immunity Act, as codified in the Judicial Code at 42 Pa.C.S. §§ 8521-8528.

This case involves two young women who lost control of…