IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
JOISSE A. CAGEY AND DALE J. CAGEY, : No. 329 WAL 2016
HER HUSBAND, :
:
Petitioners : Petition for Allowance of Appeal from
: the Order of the Commonwealth Court
:
v. :
:
:
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION, :
A COMMONWEALTH AGENCY, :
:
Respondent :
ORDER
PER CURIAM
AND NOW, this 13th day of December, 2016, the Petition for Allowance of
Appeal is GRANTED. The issue, as stated by petitioner, is:
Has [the] Commonwealth Court improperly expanded this Court’s holding
in Dean v. Department of Transportation, 751 A.2d 1130 (Pa. 2000)[,] that
the Department has no duty to erect guardrails on Commonwealth real
property along Commonwealth agency roadways, by repeatedly holding
that when the Department does erect guardrails, it cannot be liable for
injuries caused by negligently dangerously designed guardrails?