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Shimko v. Commonewealth

In a negligence case against the DOT and the city of Pittsburgh, the trial court erred in granting the DOT's motion for summary judgment after another judge had denied the same motion where there was no intervening change in the law clearly warranting a new look at the issue of summary judgment.

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Argued: October 31, 2000

Joseph Shimko appeals from the May 15, 1998 order of the Court of Common Pleas of Allegheny County (trial court), which granted the motions for summary judgment filed by the Commonwealth of Pennsylvania, Department of Transportation (DOT) and The City of Pittsburgh (City) based on the doctrines of sovereign and governmental immunity. We reverse the granting of summary judgment in favor of DOT and remand this case to the trial court for further proceedings; however, we affirm the granting of summary judgment in favor of the City.

On September 25, 1995, at approximately 5:36 a.m., Shimko was operating a motor vehicle in a westerly direction on Baldwin Road (State Route 2046) in the City. When a vehicle traveling in the opposite direction came into Shimko’s lane, Shimko steered his vehicle off the cartway of the road. Shimko’s vehicle struck a “raised portion of asphalt,” which catapulted the vehicle into a streambed. (R.R. at 4a.) Shimko suffered a neck injury, which required the fusion of two vertebrae. (Trial court op. at 2.)

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