Zuppo v. Commonwealth, Department of Transportation

JIULIANTE, Senior Judge.

The Department of Transportation (DOT) appeals from the January 29, 1999 order of the Court of Common Pleas of Susquehanna County (trial court) denying DOT’s motion for summary judgment.1 This case presents the issues of (1) which immunity provisions apply in this case, those found in Section 8522(b) of the Judicial Code2 or those found in Section 7704(a) the Emergency Management Services Code (Emergency Code);3 and, if we determine that the provisions of the Emergency Code govern, (2) whether the trial court erred in denying DOT’s motion for summary judgment where DOT…