Fagan v. DEPARTMENT OF TRANSP. OF COM.

OPINION BY

Judge SIMPSON.

In this case we must again decide whether the Pennsylvania Department of Transportation (PennDOT) can be liable for fatal injuries incurred when a vehicle leaves the roadway. The Court of Common Pleas of Cambria County (trial court) determined PennDOT could not be liable here, and it granted summary judgment. We affirm.

For current purposes, there is no dispute over the facts of this tragic accident that occurred at about 1:20 a.m. on August 7, 2002, on William Penn Avenue, State Route 3037. Michael J. Fagan, was a passenger in a car driven by Justin Glenn Martin. For…