In Ferguson v. Commonwealth of Pennsylvania, Civil Action No. 05-280E, F.Supp.2d, 2009 U.S. Dist. (W.D. Pa. March 13, 2009), two state police officers observed a vacant pick-up truck parked on the side of the roadway that was carrying marijuana plants. A short time later, the driver of the pick-up truck and his passenger got into the truck and began to drive off. The officers pursued the truck in their patrol car. When the driver of the pick-up truck noticed the patrol car behind him, he sped up. At some point during the ensuing pursuit, the driver of the truck stopped briefly and dropped off the passenger, who then stood on the road. While the passenger stood on the road, the patrol car approached her and then struck her, causing injuries. The passenger subsequently filed suit in federal court asserting, among other things, a negligence claim against the PSP and the officer who was operating the patrol car. The PSP and the officer sought summary judgment, claiming that under Pennsylvania law the officer owed no duty of care to the passenger who exited the fleeing truck. The district court agreed and granted summary judgment in favor of the PSP and the officer on the passenger's negligence claim.