Smith v. Department of Transportation

In Smith v. Department of Transportation, 700 A.2d 587, 590 (Pa. Cmwlth. 1997), the plaintiff offered an expert report, stating that substandard pavement and shoulder width, coupled with the roadway's horizontal curvature and vertical grade, warranted the erection of a sign warning drivers of the presence of a horizontal curve. The expert opined that these aspects of the roadway, in inclement conditions, made loss of control "almost certain to occur." Id. at 591. Based upon the expert report, this Court reasoned that the plaintiffs' allegations were sufficient, if believed by a factfinder, to demonstrate that DOT breached a duty of care to the plaintiff because the roadway would not have been safe for its intended use (travel) even absent a natural accumulation of snow and ice. Id.