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THOMAS SHOLLAR v. COMMONWEALTH PENNSYLVANIA (12/06/82)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: December 6, 1982.

THOMAS SHOLLAR, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION ET AL., APPELLEES

Appeal from the Order of the Court of Common Pleas of Bucks County in case of Thomas Shollar v. Commonwealth of Pennsylvania, Department of Transportation, Clark Whitzell, Hulmeville Borough, Bucks County and Mark Shappcott, Jr., No. 79-617-13-2.

COUNSEL

Paul R. Beckert, Jr., Jackson, Sullivan & Beckert, for appellant.

Diane S. Hudachek, Deputy Attorney General, with her Walter F. Froh, for appellee, Department of Transportation.

Nicholas A. Leonard, with him Victor Jaczun, Jaczun, Grabowski & Leonard, for appellees, Hulmeville Borough and Mark Shappcott, Jr.

President Judge Crumlish, Jr. and Judges Blatt and Doyle, sitting as a panel of three. Opinion by President Judge Crumlish Jr. Judge Mencer did not participate in the decision in this case.

Author: Crumlish

[ 70 Pa. Commw. Page 244]

The Bucks County Common Pleas Court granted Hulmeville Borough's motion for judgment on the pleadings.*fn1 Thomas Shollar appeals. We affirm.

Shollar was riding a bicycle when he struck a large hole around an open storm drain in the road surface. The road is a state road within Hulmeville Borough. Shollar now alleges that the Borough and its officers should be held liable for failure to correct the hazardous condition.*fn2 We disagree.

[ 70 Pa. Commw. Page 245]

In companion opinions filed today, we have concluded that the law is well settled that the exclusive responsibility for the repair and maintenance of state roads rests with the Commonwealth. See also Swank v. Bensalem Township, 68 Pa. Commonwealth Ct. 520, 449 A.2d 837 (1982).

We affirm the grant of the Borough's motion for judgment on the pleadings.

Order

The Bucks County Common Pleas Court order, No. 79-617-13-2 dated December 22, 1980, is hereby affirmed.

Judge Mencer did not participate in the decision in this case.

Disposition

Affirmed.


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