decided: March 19, 1975.
GEORGE G. HOPKINS, JEANNE BRACK AND MARY ANN TURNEY, PLAINTIFFS,
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, DEFENDANT
Original jurisdiction in case of George G. Hopkins, Jeanne Brack and Mary Ann Turney v. Commonwealth of Pennsylvania, Department of Transportation.
John J. Scott, for plaintiff, Hopkins.
Peter T. O'Malley, for plaintiff, Brack.
Thomas J. Jones, for plaintiff, Turney.
Arthur H. Marateck, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for defendant.
Judges Wilkinson, Jr., Mencer and Blatt, sitting as a panel of three.
Author: Per Curiam
[ 18 Pa. Commw. Page 39]
This case is before us in our original jurisdiction. It is a suit against the Commonwealth, in trespass, alleging negligence in failing to properly warn drivers of a dangerous curve and failure to provide an adequate guardrail and shoulder area.
[ 18 Pa. Commw. Page 40]
The Commonwealth has filed preliminary objections based on sovereign immunity. The preliminary objections must be sustained. See Biello v. Pennsylvania Liquor Control Board, 454 Pa. 179, 301 A.2d 849 (1973); Brown v. Commonwealth, 453 Pa. 566, 305 A.2d 868 (1973).
Preliminary objections sustained.
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