Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of Gregory Shakoor, a minor by James and Jacqueline Shakoor, his parents and natural guardians v. Department of Transportation, Commonwealth of Pennsylvania and James Greer, No. 1218 July Term, 1980.
Ronald A. White, for appellants.
Claudia J. Martin, Deputy Attorney General, for appellee.
Judges Williams, Jr., MacPhail and Palladino, sitting as a panel of three. Opinion by Judge Palladino.
[ 63 Pa. Commw. Page 572]
This is an appeal from an order of the Court of Common Pleas of Philadelphia County which sustained the preliminary objections of the Pennsylvania Department of Transportation (PennDOT) to a complaint in trespass filed by the appellants, Gregory Shakoor and his parents, James Shakoor and Jacqueline Shakoor. We affirm.
On July 28, 1980, the appellants filed a complaint in trespass in the court of common pleas to recover damages for injuries Gregory Shakoor sustained when he was struck at the intersection of 42nd Street and Powelton Avenue in Philadelphia by a car driven by James Greer. In this complaint, the appellants averred
[ 63 Pa. Commw. Page 573]
that at the time of this accident James Greer had a current registration sticker for his car, but that he did not have any liability insurance coverage. Named as defendants in this suit were James Greer and PennDOT. In the portion of the complaint pertaining to PennDOT, the appellants alleged that PennDOT negligently caused the accident by
a. Failing to properly investigate defendant Greer's averment that he was properly insured as required by law.
b. Failing to conduct and implement a verification system that would identify uninsured motorists attempting to register in violation of the laws of this Commonwealth.
c. Failing to conduct and implement a system to identify and detect those motorists who ...