Zlakowski v. Commonwealth

PALLADINO, Judge.

Joseph Thomas Zlakowski (Plaintiff) appeals an order of the Court of Common Pleas of Bucks County (trial court) treating *530the motion to dismiss of the Commonwealth of Pennsylvania, Department of Transportation (DOT) as a motion for summary judgment, and granting said motion. We affirm.

In 1983, Plaintiff was severely injured in a dirt bike accident which may have occurred on property which was the subject of contemporaneous eminent domain proceedings between DOT and Penn Central Corporation (Penn Central). In 1984, Plaintiff filed a complaint against DOT and Consolidated Rail…