Miller v. PA Office of Attorney General

How courts have described this case

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

• noting that conditions implicating defective maintenance rather than design “develop subsequent to the initial design and construction of the [facility]”
• explaining that a trial court is authorized to conduct a hearing and to resolve disputed jurisdictional facts
• remanding for hearing because evidence already admitted did not resolve key factual dispute as to whether plaintiffs’ injuries were caused by lack of maintenance or were solely attributable to design
• \[T]he duty to maintain can arise only after the road has been designed and constructed.\
• “[I]f all relevant evidence is presented to the trial court, and the underlying facts are undisputed, the trial court may decide the jurisdictional issue as a matter of law . . . .”
• “[W]e hold that, as a matter of law, the CGIA does not waive immunity for claims asserting a failure to warn, failure to close the highway, or failure to suggest alternate routes.”

Source: CourtListener parenthetical corpus (CC0).