Magill v. Commonwealth

OPINION

BARRY, Judge.

Douglas Magill appeals an order of the Court of Common Pleas of Montgomery County which granted a compulsory non-suit and dismissed his complaint against the Commonwealth of Pennsylvania’s Department of Transportation (DOT).

On May 2, 1985, Magill was seriously injured when the car he was driving struck a guide rail on Pennsylvania Route 63 in Montgomery County. In February of 1986, Magill informed DOT of his intention to file suit and shortly thereafter filed his complaint, alleging that DOT was negligent in its design and construction of the roadway and guide rail. In its…