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MARTINOWSKI v. COM., DEPT. OF TRANSP.

916 A.2d 717 (2006)

Kristy Beth MARTINOWSKI, Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION.

Commonwealth Court of Pennsylvania.

Decided December 27, 2006.

Attorney(s) appearing for the Case

Mark A. Smith, White Oak, for appellant.

Kemal Alexander Mericli, Pittsburgh, for appellee.

BEFORE: McGINLEY, Judge, LEADBETTER, Judge, and KELLEY, Senior Judge.

OPINION BY Judge McGINLEY.

Kristy Beth Martinowski (Appellant) challenges the order of the Court of Common Pleas of Fayette County (common pleas court) which granted the Commonwealth of Pennsylvania, Department of Transportation's (DOT) motion for summary judgment.

On November 3, 1998, as Appellant was driving on State Route 711 in a northerly direction, she lost control of her vehicle and hit the guardrail. The highway and guardrail were owned, maintained...

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