Merling v. Commonwealth

Opinion by

Judge Rogers,

Tbe Pennsylvania Department of Transportation (DOT) appeals from a judgment in tbe amount of $111,205.14 entered against it and in favor of Clark Merling, Jr., in tbe Court of Common Pleas of Allegheny County in Merling’s suit for personal injuries suffered in an automobile accident on a state highway.

Mr. Merling was injured when, in attempting to avoid colliding with a disabled truck blocking his lane of travel,1 he drove his vehicle onto the berm of the road. The berm gave way and Merling’s vehicle tumbled into a ditch.

Merling’s contention at trial was that DOT was…