Bubba v. Commonwealth, Pennsylvania Department of Transportation

OPINION BY

Judge McCULLOUGH.

Joseph S. Bubba (Bubba) appeals from the Berks County Court of Common Pleas’ (trial court) May 18, 2012 order granting summary judgment in favor of the Commonwealth of Pennsylvania, Department of Transportation (DOT) on the basis of sovereign immunity. There are two issues before this Court: (1) whether DOT had a duty to maintain the shoulder immediately abutting the roadway so that it was even *315with the highway, and (2) whether there was evidence establishing that a dangerous drop-off condition existed from the highway to the shoulder. We affirm.

On May 10, 1999,…