Smith v. Commonwealth, Department of Transportation

FRIEDMAN, Judge.

Deena Smith and Steven Smith, her husband, appeal from an order of the Court of Common Pleas of Centre County (trial court) which granted the Pennsylvania Department of Transportation’s (DOT) motion for summary judgment and dismissed the Smiths’ complaint. We reverse and remand.

On January 23, 1992, Deena Smith was a passenger in the car of her business colleague, Melissa Schmader, when Schmader lost control of her vehicle while travelling south on State Route 350. Both Smith and Schmader suffered injuries when Schmader’s vehicle spun across the northbound lane and, after…