Accident on Snow-Covered Roadway Because of Absence of a Guard Rail
In Dean v. Pennsylvania Dep't of Transp., 561 Pa. 503, 751 A.2d 1130 (2000), the passenger was in a vehicle that fishtailed on a snow-covered roadway, traveled off the road over a steep embankment, overturned and caused the passenger serious injuries.
The Court decided the absence of the guard rail did not render the roadway unsafe for its intended purpose - travel on the road.
The Court decided the legislature did not intend to impose liability on the government whenever a victim alleged his or her injuries were avoidable if the government installed a guardrail along the side of the roadway.
The real estate, highways and sidewalks exception to sovereign immunity was inapplicable. 42 Pa. C.S. 8522(b)(4).