Powell v. Drumheller

OPINION

MONTEMURO, Justice.

Appellant, Mary Powell as Administratrix of the Estate of Vincent A. Powell, appeals from an order of the Commonwealth Court sustaining the preliminary objections of Appellee, Pennsylvania Department of Transportation (PENNDOT) and dismissing Powell’s amended complaint with regard to PENNDOT.

The sole issue presented for our review is whether the criminally negligent conduct of co-defendant David Drumheller in driving under the influence of alcohol is a superseding cause relieving PENNDOT of liability for negligently designing a Commonwealth highway. We reverse.

This…