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DEAN v. COM., DEPT. OF TRANSP.

751 A.2d 1130 (2000)

Stacey L. DEAN v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION; and Ronald Eugene Bell. Appeal of Commonwealth of Pennsylvania, Department of Transportation.

Supreme Court of Pennsylvania.

Decided May 18, 2000.

Reargument Denied July 18, 2000.

Attorney(s) appearing for the Case

D. Michael Fisher, Atty. Gen., Gerhard Schwaibold, John G. Knorr, III, Dep. Attys. Gen., for Dept. of Transp.

Michael D. Bloom, for Stacey L. Dean.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION

ZAPPALA, Justice.

We granted allocatur to determine whether the absence of a guardrail is a dangerous condition of Commonwealth realty for purposes of the real estate exception to sovereign immunity. For the reasons that follow, we hold that the failure to erect a guardrail does not constitute a dangerous condition of Commonwealth realty.1 As the real estate exception does not apply, the Commonwealth...

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