KETTERER v. COM., DEPT. OF TRANSP.


133 Pa.Commw. 92 (1990)

574 A.2d 735

F. David KETTERER, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellee.

Commonwealth Court of Pennsylvania.

Decided May 10, 1990.


Attorney(s) appearing for the Case

Morton Gordesky, for appellant.

John F. Gehring, Deputy Atty. Gen., with him, Kate L. Mershimer, Deputy Atty. Gen., Mark E. Garber, Chief Deputy Atty. Gen., Chief, Torts Litigation, and Ernest D. Preate, Jr., Atty. Gen., for appellee.

Before BARRY and COLINS, (P.), and SMITH, JJ.


BARRY, Judge.

F. David Ketterer, appellant, appeals from an order entering summary judgment in favor of the Commonwealth of Pennsylvania, Department of Transportation (DOT). Appellant was injured when he lost control of his motorcycle on March 31, 1983, after he encountered potholes on a highway which were caused, according to his expert, by a combination of weather and traffic. Appellant was unable to prove that DOT had actual written notice of the alleged pothole...

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