Dean v. Commonwealth, Department of Transportation

In Dean v. Commonwealth, Department of Transportation, 561 Pa. 503, 751 A.2d 1130 (2000), the passenger was in a vehicle that fishtailed on a snow-covered roadway, traveled off the road over a steep embankment, overturned and caused the passenger serious injuries. The Court decided the absence of the guardrail did not render the roadway unsafe for its intended purpose -- travel on the road. The Court decided the legislature did not intend to impose liability on the government whenever a victim alleged his or her injuries were avoidable if the government installed a guardrail along the side of the roadway. The real estate, highways and sidewalks exception to sovereign immunity was inapplicable. 42 Pa. C.S. 8522(b)(4). In Dean, our supreme court held that the absence of a guardrail on a highway did not constitute either an artificial condition or a defect of the land itself.