Black v. Jamison

OPINION BY

Judge McGINLEY.

The Commonwealth of Pennsylvania, Department of Transportation (DOT) appeals the order of the Court of Common Pleas of the 39th Judicial District of Pennsylvania, Franklin County Branch (common pleas court) which denied DOT’S motion for summary judgment. This Court granted permission to DOT to pursue the appeal.

On May 15, 1999, at approximately 8:45 a.m., Eric L. Black (Decedent Black) was a front seat passenger in a 1998 Chevrolet Celebrity owned by Diane E. Myers and operated by John R. Myers (Decedent Myers). The auto was traveling southbound on State Route 0233,…