Commonwealth, Department of Transportation v. J. W. Bishop & Co.

Dissenting Opinion by

Judge Mencer:

I respectfully dissent.

The Department of Transportation (PennDOT) has instituted trespass actions against George H. Overmoyer and J. W. Bishop & Company, Inc. (defendants), seeking recovery of damages to bridges, allegedly caused when defendants’ overweight vehicles *385crossed the bridges, causing them to collapse. Presently before this Court are defendants’ motion for summary judgment and motion for judgment on the pleadings. Both motions contend that PennDOT’s claims are barred by the applicable statute of limitations.

The relevant statute of limitations for…