Elkadi v. Pa. Department of Transportation

MARK, J.,

Previously, we issued an order granting the motion of the Commonwealth of Pennsylvania, Department of Transportation (“PennDOT”) for summary judgment. In the order, we summarized our reasons for granting the motion and indicated that an opinion would follow. This opinion fleshes out the reasons *124why we granted PennDOT’s motion.

On February 24, 2005, plaintiff’s father, James O. Allison (“decedent”), was operating a vehicle westbound on State Route 940 in Tobyhanna Township when, according to plaintiff, “[t]he vehicle’s right tires became caught in a pothole, drop-off, and/or rutted…