Filipelli v. Commonwealth, Department of Transportation

Opinion by

President Judge Crumlish, Jr.,

Appellants1 appeal an Allegheny County Common Pleas Court order granting the Commonwealth’s motion for judgment on the pleadings. We affirm.

Appellants, property owners abutting a state highway, allege in their amended complaint2 that the Com*621monwealth negligently installed a culvert causing the state road to wash out. The Commonwealth closed the road for repairs. Appellants have alleged that, due to the closing of this road, they have suffered damages.3

The trial court concluded that appellants had stated a cause of action fitting within one of the eight…