Svege v. Interstate Safety Service

In Svege v. Interstate Safety Service, 862 A.2d 752 (Pa. Cmwlth. 2004), plaintiffs claimed that a highway was defective because the barrier separating the divided highway was inadequate to keep an out-of-control truck from crossing over into oncoming traffic and colliding with decedents' vehicle. The Court held that sovereign immunity barred the claim because the real estate exception does not apply to claims for failure to avoid or minimize injuries from dangers which the Commonwealth did not cause. Svege, 862 A.2d at 755. The Court held that the real estate exception did not apply where plaintiffs claimed that defective roadway barriers caused their decedents' deaths by failing to protect them from out-of-control drivers.