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BUBBA v. COM., DEPT. OF TRANSP.

No. 1151 C.D. 2012

61 A.3d 313 (2013)

Joseph S. BUBBA, Appellant v. COMMONWEALTH of Pennsylvania, Pennsylvania DEPARTMENT OF TRANSPORTATION, Albany Township and Lori J. Murray. Lori J. Murray v. Commonwealth of Pennsylvania, Pennsylvania Department of Transportation, and Albany Township.

Commonwealth Court of Pennsylvania.

Decided January 8, 2013.

Publication Ordered March 18, 2013.

Attorney(s) appearing for the Case

Gary S. Figore , Easton, for appellant.

Claudia M. Tesoro , Senior Deputy Attorney General, Philadelphia, for respondent Department of Transportation.

BEFORE: COHN JUBELIRER, Judge, and McCULLOUGH, Judge, and COLINS, Senior Judge.

OPINION BY Judge McCULLOUGH.

Joseph S. Bubba (Bubba) appeals from the Berks County Court of Common Pleas' (trial court) May 18, 2012 order granting summary judgment in favor of the Commonwealth of Pennsylvania, Department of Transportation (DOT) on the basis of sovereign immunity. There are two issues before this Court: (1) whether DOT had a duty to maintain the shoulder immediately abutting the roadway so that it was even

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