Stong v. PennDot

KIESER, J.,

Before the court is plaintiffs’ post-trial motions following a jury verdict in favor of defendants, which was returned on May 31, 2001. This court issued an order granting a new trial as to the liability of the defendant Commonwealth of Pennsylvania, Department of Transportation, on October 5, 2001. This opinion is written in support of that order.

This matter arises from a tragic accident, which occurred on September 4, 1998. On this date, plaintiffs’ decedent, Robert Stong, age 11, was standing on the east side of a bridge owned by defendant PennDOT. The bridge spans Mill Creek on…