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eBook details

• Title: Mullin v. Commonwealth
• Author : In the Supreme Court of Pennsylvania Middle District
• Release Date : January 29, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

This appeal involves the interplay of the Transfer of State Highways Act ("Transfer Act"), 75 Pa.C.S. 9201-08, and the Sovereign Immunity Act, 42 Pa.C.S. 8521-28. This Court granted review to determine whether, as a matter of law, the Commonwealth of Pennsylvania, Department of Transportation ("PennDOT") could be held liable, under the Commonwealth real estate exception to sovereign immunity, 42 Pa.C.S. 8522(b)(4), for the alleged improper and dangerous design of a highway intersection located in New London Township, Chester County, Pennsylvania ("the Township"), which was the location of a fatal motor vehicle accident. PennDOT and the Township were parties to a previous agreement transferring jurisdiction of the highways from PennDOT to the Township, pursuant to the Transfer Act. The trial court determined that, notwithstanding the transfer, PennDOT could be found liable and thus denied its motion for summary judgment. The Commonwealth Court reversed and remanded, instructing the trial court to enter summary judgment in favor of PennDOT. In this appeal, we hold that PennDOT cannot be held liable because it no longer had jurisdiction over the highways at the time of the accident, and was therefore protected by sovereign immunity. Accordingly, we affirm the order of the Commonwealth Court.

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