Clark v. PennDOT

MELLON, J,

— Plaintiffs appeal this court’s grant of a compulsory nonsuit, entered in favor of the Commonwealth defendant, Pennsylvania Department of Transportation on December 5, 2007.

Plaintiffs filed this action on June 27, 2003 against PennDOT to recover for damages sustained when a tree fell on plaintiffs’ vehicle. PennDOT joined as additional defendants, homeowners Karl and Edeltraud Miller. Plaintiffs subsequently added Warrington Township as a defendant in this case.

On November 28,2007, trial commenced in the Bucks County Court of Common Pleas. Prior to the commencement of trial,…