Matter of Folomkina v. Picott

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).