McElwee v. Commonwealth, Department of Transportation

Opinion by

Judge Kramer,

This is a disposition of a preliminary objection raised to a Complaint in Trespass brought within this Court’s original jurisdiction. The Complaint was filed by Thomas A. McElwee, Jr., individually and as administrator of the Estate of Florence W. McElwee (plaintiff), against the Commonwealth of Pennsylvania, Department of Transportation (PennDOT). Presently before us is PennDOT’s preliminary objection raising the bar of sovereign immunity to plaintiff’s action.1

*322Plaintiff and his wife were involved in an automobile accident on or about March 9, 1975, at the intersection…