Is There Liability Against PennDOT if a Tree Falls on a Passing Motorist?

By Daniel Cummins on November 26, 2024

In the case of Schmidt v. Pennsylvania Dept. of Transp., No. 33 C.D. 2023 (Pa. Cmwlth. Oct. 11, 2024 Jubelirer, P.J., Dumas, J., and Wolf, J.) (Op. by Dumas, J.), the Pennsylvania Commonwealth Court reversed a trial court Order and remanded the case with instructions that summary judgment be entered in favor of PennDOT based upon sovereign immunity.

According to the Opinion, the subject accident involved a Plaintiff who sustained fatal injuries after the branch of a large tree, which was overhanging the roadway, fell and crushed his vehicle as the Plaintiff drove by.

According to the Opinion, the tree was planted on property owned by the Southeastern Pennsylvania Transportation Authority. The court noted that, although the branches of the tree extended over the road and PennDOT’s right-of-way, the base of the tree was located outside of PennDOT’s right-of-way.

Accordingly, the appellate court found that PennDOT was entitled to sovereign immunity under claims against it where the tree did not derive, originate from, or have as its source any PennDOT real estate.

The court held that the case therefore did not fall under the real estate exception to the sovereign immunity allowed for under the Sovereign Immunity Act, 42 Pa. C.S.A. §8501-8564.

Anyone wishing to review a copy of this decision may click this LINK.

Source: “The Legal Intelligencer State Appellate Case Alert,” www.Law.com (Nov. 5, 2024).

Source of image: Photo by Efrem Efre on www.pexels.com.