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Cagey, J., Aplt. v. PennDOT

Citations

  • 179 A.3d 458

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “[w]hen PennDOT installs a guardrail, sovereign immunity is waived if the agency’s negligent installation and design creates a dangerous condition”
  • holding that when a Commonwealth agency installs a guardrail, sovereign immunity is waived if the agency’s negligent installation and design of the guardrail creates a dangerous condition that proximately causes injury to plaintiffs
  • holding “the general Assembly has waived PennDOT’s immunity as a bar to damages caused by dangerous guardrails affixed to Commonwealth real estate”
  • explaining our standard of review over a decision sustaining a judgment on the pleadings requires us to determine whether, on the facts asserted in the plaintiff’s complaint, the law makes recovery impossible
  • reversing order granting motion for judgment on the pleadings on sovereign immunity grounds
  • “the best indication of the General Assembly’s intent may be found in a statute’s plain language.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Saylor

Read full opinion on CourtListener

Other cases named Cagey, J., Aplt. v. PennDOT

2 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.