Von der Heide v. Commonwealth, Department of Transportation

In Von der Heide v. Commonwealth, Department of Transportation, 553 Pa. 120, 718 A.2d 286 (1998), the Supreme Court essentially affirmed a jury verdict against PennDOT and in favor of the estate of a driver whose vehicle crossed the opposing lane, hit a guardrail and came to rest against a bridge abutment. The estate alleged defective conditions of the roadway and guardrail, and PennDOT contended the driver fell asleep and failed to control his car. The Supreme Court found no error in the trial court's failure to give a jury instruction on superseding cause. In addition, the Supreme Court in Von der Heide noted that only two parties were involved, the driver (through his estate) and PennDOT. Because the superseding cause doctrine usually arises in the context of a third party's intervening conduct, and there was no third party in that case, application of that doctrine was troublesome.