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DIANE M. CALVANESE v. MICHAEL J. LEIST ET AL. (12/06/82)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: December 6, 1982.

DIANE M. CALVANESE, APPELLANT
v.
MICHAEL J. LEIST ET AL., APPELLEES

Appeal from the Order of the Court of Common Pleas of Bucks County in case of Diane M. Calvanese, a minor, by her father and natural guardian, Louis C. Calvanese v. Michael J. Leist, Department of Transportation of the Commonwealth of Pennsylvania, Moe Henry Hankin and Sabina Hankin and Northampton Township, No. 80-0303-13-2.

COUNSEL

Robert Lewis Seigle, for appellant.

William A. Slotter, Deputy Attorney General, for appellee, Department of Transportation.

Martin J. Corr, Connolly, McAndrews, Stevens, Drexler and Corr, for appellee, Michael Leist.

James C. Bowen, Power, Bowen & Valimont, for appellees, Moe Henry Hankins et ux.

Frank S. Guarrieri, Curtin & Heefner, for appellee, Northampton Township.

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 252]

The Bucks County Common Pleas Court sustained North Hampton Township's preliminary objections in the nature of a demurrer and dismissed Diane Calvanese's complaint. We affirm.*fn1

Calvanese, a passenger, was injured when her vehicle veered and struck a tree. The road is a state highway within the Township. Calvanese alleges that, at the time of the accident, the road was covered with mud and debris and the signs warning of the upcoming curve were obscured by trees and bushes.

Calvanese alleges that the Township should be held liable for failure to notify PennDOT of the dangerous condition of the highway. We disagree.

In Swank v. Bensalem Township, 68 Pa. Commonwealth Ct. 520, 449 A.2d 837 (1982), we affirmed the grant of Bensalem Township's motion for summary judgment on the basis that the exclusive responsibility for repair and maintenance of a state road was on the

[ 70 Pa. Commw. Page 253]

Commonwealth.*fn2 See Stevens v. Reading Street Railway Co., 384 Pa. 390, 121 A.2d 128 (1956). Absent some statutorily-imposed duty relegating responsibility to the Township to warn of dangerous conditions, we will not impose such.

Affirmed.

Order

The Bucks County Common Pleas Court order, No. 80-0303-13-2 dated April 1, 1981, is hereby affirmed.

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

Disposition

Affirmed.


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