Underwriters at Lloyds London v. Commonwealth

LORD, Senior Judge.

This is an appeal by Underwriters at Lloyds et al. (Lloyds) from a summary judgment entered in favor of the Common*270wealth Department of Transportation (DOT) by the common pleas court.

The case arises out of an accident which occurred on August 6, 1978, on Route 22 in Lehigh County. The driver of an empty tractor trailer was proceeding westbound in a heavy rain when he skidded through the center medial barrier into the eastbound lanes and collided head on with a camper pick-up truck. All of the occupants of the camper were killed.

A number of lawsuits were filed in the federal…