Iudicello v. Commonwealth

Opinion by

Judge Wilkinson, Jr.,

Plaintiffs have instituted this trespass action against the Commonwealth" of' Pennsylvania, Department of Transportation and Jacob Kassab. They seek to recover damages for injuries suffered by one of the plaintiffs when the bicycle she was riding turned over while she was on the state highway and she was struck by a passing vehicle. It is alleged that a defect in the construction and maintenance of the state highway contributed to the cause of the'accident. ■ '

Preliminary objections have been filed by the defendants on the basis of "the Commonwealth’s immunity…