Sickles v. Consolidated Rail Corp.

FLAHERTY, Senior Judge.

The Department of Transportation (DOT) appeals from an order of the Court of Common Pleas of Lehigh County (trial court) denying its motion for summary judgment. We reverse.

On February 8, 1997, Sigrid A. Sickles died after she was struck by a train owned by Consolidated Rail Corp. (Conrail) while driving across the South Second Street railroad crossing in the Borough of Em-maus (Borough). The crossing involved a Borough street and Conrail railroad tracks. The crossing was not protected by automatic gates but did have traffic signs warning of the crossing, as well as…