LaChance v. Michael Baker Corp.

OPINION BY

Judge LEAVITT.

Lucinda R. LaChance, Administratrix of the Estate of David George LaChance (Es-íate), appeals from the decision of the Court of Common Pleas of Tioga County (trial court) granting summary judgment to the Pennsylvania Department of Transportation (PennDOT) in the Estate’s wrongful death action. The trial court held that the Estate could not make out a common law claim of negligence against PennDOT, which is the initial burden of a plaintiff in a tort claim brought against a Commonwealth agency. Specifically, the Estate could not show a basis for holding PennDOT liable…