Augusta v. Commonwealth

OPINION

BARRY, Judge.

Elizabeth Ann Augusta appeals an order of the Court of Common Pleas of Philadelphia which granted a motion for *559summary judgment filed by the Department of Transportation (DOT) and dismissed her lawsuit against DOT.

Appellant was injured in an automobile accident when the car she was driving went out of control after encountering a deep berm on 1-80, a state designated highway under the control of DOT. Not realizing that she had a possible cause of action against DOT, appellant did nothing for approximately one year until a friend of the family suggested that she contact a…