Powell v. Drumheller

In Powell v. Drumheller, 539 Pa. 484, 653 A.2d 619 (1995), Powell sued DOT for negligent design of a Commonwealth highway. Powell's husband died when the vehicle he was driving was struck by a vehicle driven by Drumheller, who was driving with a suspended license and who pled guilty to vehicular homicide and driving under the influence of alcohol in connection with the accident. In her suit, Powell alleged that the accident occurred on a road that had no centerline, no road markings or signs restricting passing and no shoulders to provide room for emergency maneuvers. DOT argued that the criminally negligent conduct of Drumheller was a superseding cause of the fatality that relieved DOT of liability for negligent design of the highway. Our supreme court disagreed, stating that the test to determine whether an intervening force is a superseding cause is whether the intervening conduct was so extraordinary as not to have been reasonably foreseeable. Id. The court stated that criminal conduct does not act as a per se superseding force and that the question is for the jury, unless the facts are uncontroverted and only one inference can be drawn. Id.