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CAGEY v. COMMONWEALTH

No. 36 WAP 2016.

179 A.3d 458 (2018)

Joisse A. CAGEY and Dale J. Cagey, Her Husband, Appellants v. COMMONWEALTH of Pennsylvania, Department of Transportation, a Commonwealth Agency, Appellee.

Supreme Court of Pennsylvania.

Decided: February 21, 2018.

Attorney(s) appearing for the Case

Mark J. Homyak, Esq. , for Appellant.

Andrew C. Spears, Esq. , Handler, Henning & Rosenberg, L.L.P., for Appellant Amicus Curiae.

John G. Knorr III, Esq. , Kemal A. Mericli, Esq. , Pennsylvania Office of Attorney General, Henry James Salvi, Esq. , for Appellee.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

We granted allocatur to determine whether the Pennsylvania Department of Transportation ("PennDOT") is liable for injuries caused by negligently and dangerously designed guardrails erected on Commonwealth real estate. The case presents an opportunity to clarify the contours of the real estate...

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