Cowell v. Commonwealth Department of Transportation

In Cowell v. Commonwealth Department of Transportation, 883 A.2d 705 (Pa. Cmwlth. 2005), the Court held that the real estate exception does not apply to claims for failure to protect persons on Commonwealth property from objects thrown by third parties. The Court held that sovereign immunity barred a claim for the death of a car passenger caused by an object dropped from a bridge. The real estate exception did not apply because "neither the Bridge itself nor any artificial condition thereon caused the injuries .... Rather, whether characterized as intentional or negligent, the conduct of a third party resulted in an object being thrown or dropped from the Bridge." Cowell, 883 A.2d at 709-710.