Rippy v. FOGEL

Opinion by

Judge Barry,

David Rippy, the appellant/plaintiff, appeals from an order of the Court of Common Pleas of Delaware County which sustained a demurrer of the Commonwealth (appellee/defendant), thereby dismissing appellants complaint against the Commonwealth.

On October 28, 1984, plaintiff was the passenger in an automobile driven by defendant Max A. Fogel. At approximately 2:45 a.m., the automobile collided with a deer walking on the highway. Following the collision, the Fogel auto left the road and struck a tree. Plaintiff was severely injured.

Plaintiff sued both Fogel and the…