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JANE F. RICHARDS v. GAIL E. J. ALSTON AND JIMMIE ALSTON AND CITY PHILADELPHIA AND FAIRMOUNT PARK COMMISSION (01/25/89)

decided: January 25, 1989.

JANE F. RICHARDS, APPELLANT
v.
GAIL E. J. ALSTON AND JIMMIE ALSTON AND CITY OF PHILADELPHIA AND FAIRMOUNT PARK COMMISSION, AND CONSOLIDATED RAILWAY CORPORATION AND COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, APPELLEES



Appeal from the Order of the Court of Common Pleas of Philadelphia County, in the case of Jane F. Richards v. Gail E. J. Alston and Jimmie Alston and City of Philadelphia and Fairmount Park Commission, and Consolidated Railway Corporation and Commonwealth of Pennsylvania, Department of Transportation, No. 4558, September Term, 1986.

COUNSEL

Lee Albert, with him, Lawrence G. Metzger, Gross, Sklar & Metzger, P.C., for appellant.

James Matthew Wolfe, Deputy Attorney General, with him, LeRoy S. Zimmerman, Attorney General, for appellees.

Judges Craig, Barry and Smith, sitting as a panel of three. Opinion by Judge Barry.

Author: Barry

[ 123 Pa. Commw. Page 96]

Jane F. Richards (appellant) appeals from an order of the Court of Common Pleas of Philadelphia County which struck a complaint to join the Department of Transportation (DOT) as an additional defendant. The complaint had been filed by the City of Philadelphia (City) and the Fairmount Park Commission (Commission).

On October 1, 1984, appellant sustained personal injuries when her motor vehicle was struck head-on by a motor vehicle which had crossed the center line of that portion of East River Drive located in the Fairmount Park section of the City under the Columbia Railway Bridge. The motor vehicle which collided with the appellant's vehicle was owned by one Jimmie Alston and operated by Gail E. J. Alston.

On September 24, 1986, appellant commenced an action against the City, the Commission, Consolidated Rail Corporation (Conrail) and the Alstons. She alleged that the City and the Commission, as well as Conrail, were negligent in the following respects:

     a) failing to keep and maintain [East River Drive] and [the] railway bridge in a safe condition for public travel thereon and thereunder;

[ 123 Pa. Commw. Page 97]

    b) failing to warn the public of . . . dangerous conditions;

     c) having knowledge that . . . dangerous conditions existed for an unreasonable time prior to October 1, 1984;

     d) failure of defendants to correct the dangerous conditions that it, by its agents, ...


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