Giovannitti v. Commonwealth

Opinion by

President Judge Crumlish, Jr.,

Ernest Giovannitti, in his own right and as Executor of Beverly Giovannittis estate, appeals a Cumberland County Common Pleas Court order sustaining the Pennsylvania Department of Transportations (DOT) preliminary objections in the nature of a demurrer and dismissing his complaint. We affirm.

Beverly Giovannitti was killed when Leland Anderson, a licensed Pennsylvania motorist, suffered a heart attack while driving his car. Anderson’s vehicle crossed over into the oncoming traffic lanes and struck Mrs. Giovannittis car. Ten months earlier a physician had…