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Scott Cooper
Scott Cooper
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Trial Court Decides PennDOT Immunity and Contractor Negligence Motions

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The trial court in Graham v. Trumbull Corp., No. 09-00611 (C.P.Lycoming Sept. 13, 2011) recently rendered its opinion in a car accident case from Lycoming County dealing with the allegation that absence of a guardrail, lighting and inappropriate sign placement caused a vehicle to leave the roadway . Despite plaintiff’s expert testimony that exit ramp was too short and thereby dangerous, plaintiff cannot prove how or why driver left roadway, which created a fatal gap in chain of causation . Therefore, the trial court granted Summary Judgment in favor of PennDOT. However, the trial court denied the Motion for Summary Judgment of the contractor Trumbull because the jury is to decide whether contractor performed contractual duties in a negligent manner. The trial court also found that passengers in the vehicle did not assume risk of driving with intoxicated driver and except where preserved by statute the doctrine of assumption of the risk is no longer a defense in Pennsylvania.

For a copy of the opinion feel free to contact Scott Cooper at SchmidtKramer Injury lawyers.

Scott B. Cooper

Schmidt Kramer PC
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Harrisburg, PA 17101
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