pothole exception (Pennsylvania) · Go Syfert
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pothole exception in Pennsylvania

5 Pennsylvania opinions name it 1 courts 1990–2023 2 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Stevens v. Commonwealth, Department of Transportationgreen
pacommwct · 1985 · cited in 2 Pennsylvania opinions naming this issue, 2017–2022
2 sentences

2022Stevens v. Department of Transportation, 492 A.2d 490, 493 (Pa. Cmwlth. 1985).

2017Id. at 493 . 2 In response to PennDOT’s motion for summary judgment, Plaintiff contended that the written notice requirement of the pothole exception should not apply because “what occurred was that [Plaintiff] stepped down off the bus with her left foot and then stepped onto the brick with her right foot twisted which caused her to fall.

12
Cressman v. Commonwealthgreen
pacommwct · 1988 · cited in 2 Pennsylvania opinions naming this issue, 1990–2011
2 sentences

2011The trial court relied upon Cressman v. Department of Transportation, 114 Pa.Cmwlth. 348 , 538 A.2d 992 (1988), to support its view that “general allegations of road conditions are insufficient to constitute notice under the pothole exception.” (Trial Court Op. at 4.) Noting that Senator Logan’s Letter made no reference to potholes and did not articulate a specific section of State Route 837 that would coincide with the area where the accident occurred, the trial court concluded that the actual written notice requirement of Section 8522(b)(5) of the Act required “evidence that [the] written no

2011The trial court relied upon Cressman v. Department of Transportation, 114 Pa.Cmwlth. 348 , 538 A.2d 992 (1988), to support its view that “general allegations of road conditions are insufficient to constitute notice under the pothole exception.” (Trial Court Op. at 4.) Noting that Senator Logan’s Letter made no reference to potholes and did not articulate a specific section of State Route 837 that would coincide with the area where the accident occurred, the trial court concluded that the actual written notice requirement of Section 8522(b)(5) of the Act required “evidence that [the] written no

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Walthour v. Commonwealth, Department of Transportation green
pacommwct · 2011
1 sentence

2023In Walthour, the evidence relied upon by the plaintiff to invoke the pothole exception was a letter from a state senator to DOT indicating that “the condition of Route 837 located in the City of Duquesne . . . ha[d] fallen into disrepair,” observing the patchwork intended to solve the issue was causing more problems, and requesting that DOT evaluate and repair the road as soon as possible. 31 A.3d at 763 .

12023–2023

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 8522 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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