Martinowski v. Commonwealth, Department of Transportation

OPINION BY

Judge McGINLEY.

Kristy Beth Martinowski (Appellant) challenges the order of the Court of Common Pleas of Fayette County (common pleas court) which granted the Commonwealth of Pennsylvania, Department of Transportation’s (DOT) motion for summary judgment.

On November 3, 1998, as Appellant was driving on State Route 711 in a northerly direction, she lost control of her vehicle and hit the guardrail. The highway and guardrail were owned, maintained and under the exclusive control of DOT. Her vehicle hit the guardrail at a joint where one section was bolted to another and the sections…