Garcia v. Commonwealth

PALLADINO, Judge.

This is an appeal by the Department of Transportation (DOT) from an order of the Court of Common Pleas of Philadelphia County (trial court) which permitted Wilson Garcia (Garcia) to amend his complaint by substituting a commonwealth party, DOT, for the originally named defendant, Commonwealth of Pennsylvania (Commonwealth), and precluded DOT from raising the statute of limitations as an affirmative defense. We reverse.

This matter arises as a result of a trip and fall accident which occurred on April 15, 1986, at the intersection of Sixth and Clearfield Streets in…