Irey v. Commonwealth

OPINION BY

Judge BROBSON.

Appellants Michael and Tara Irey (Plaintiffs) appeal from an order of the Court of Common Pleas of Delaware County (trial court), which, following a jury verdict in favor of the Commonwealth of Pennsylvania, Department of Transportation (DOT), denied Plaintiffs’ post-trial motion for a new trial or judgment non obstante veredicto (n.o.v.). We now reverse.

Plaintiffs filed a complaint against DOT in the trial court on December 30, 2008, raising causes of action for negligence and loss of consortium. Specifically, Plaintiffs alleged that DOT’s negligence in allowing water…