Summary
In Rinaldi, the claimant was injured when her vehicle was struck by an automobile that was making an illegal left turn on a state highway.
Summary of this case from Mindala v. American Motors Corp.Opinion
Argued March 5, 1982
December 6, 1982.
Highways — Responsibility of Commonwealth.
1. The exclusive responsibility for the repair and maintenance of state highways is with the Commonwealth, and a municipality has no duty to warn persons of a dangerous condition on such highway in the absence of a statutorily imposed duty relegating that responsibility to such municipality. [255]
Argued March 5, 1982, before President Judge CRUMLISH, JR. and Judges BLATT and DOYLE, sitting as a panel of three.
Appeal, No. 1400 C.D. 1981, from the Order of the Court of Common Pleas of Bucks County in case of Rudolph J. Rinaldi and Joanne Rinaldi, his wife v. Thomas J. Giblin, Falls Township, Bucks County, Pennsylvania and Commonwealth of Pennsylvania, Department of Transportation, No. 79-12467-09-2.
Complaint in the Court of Common Pleas of Bucks County seeking damages for personal injuries. Township filed motion for summary judgment. Motion granted. Judgment entered for defendant township. RUFE, III, J. Plaintiffs appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Paul R. Beckert, Jr., Jackson, Sullivan Beckert, for appellants.
Nicholas A. Leonard, with him John S. Thome, Jr., Hartzel and Bush, for appellee, Falls Township.
Gary B. Gilman, Deputy Attorney General, for Department of Transportation.
The Bucks County Common Pleas Court granted Falls Township's motion for summary judgment. Rudolph and Joanne Rinaldi appeal. We affirm.
Rinaldi was injured when her auto was struck by a car executing an illegal left turn from U.S. Route 1, a state highway. Prior to the accident, a "No Left Turn" sign had been present at the intersection. At the time of the accident, no such sign was in place. These facts were not disputed below.
Both Rinaldi and the Commonwealth urge this Court to conclude that the Township should be held liable for failure to warn the Commonwealth of the hazardous condition on the state highway or, in the alternative, for its own failure to either re-erect the sign or warn drivers of the hazard. We disagree.
We have already concluded, in a companion case filed today, Calvanese v. Leist, 70 Pa. Commw. 251, 452 A.2d 1125 (1982), that absent a statute imposing such a duty to warn, the Township may not be held liable for failure to notify the Commonwealth of such a hazard. Similarly, we have refused to impose liability on a Township for failure to correct a hazardous condition of a state road, the exclusive responsibility for such maintenance and repair resting with the Commonwealth. See Swank v. Bensalem Township, 68 Pa. Commw. 520, 449 A.2d 837 (1982).
Viewing the evidence in the light most favorable to the non-moving party, we conclude that Falls Township is entitled to judgment as a matter of law.
A motion for summary judgment is only appropriate where there is no material issue of fact in dispute and the moving party is entitled to judgment as a matter of law. See Pennsylvania Public Utility Commission Bar Association v. Thornburgh, 62 Pa. Commw. 88, 434 A.2d 1327 (1981).
Affirmed.
ORDER
The Bucks County Common Pleas Court order, No. 79-12467-09-2 dated May 27, 1981, is hereby affirmed.
Judge MENCER did not participate in the decision in this case.