Use The Shoulder At Your Own Risk
The Commonwealth Court of Pennsylvania recently struck a blow against anyone who complains about the condition of Pennsylvania's roadways and shoulders. In Bubba v. Com. of Pa. Dep't of Transp., No. 1151 C.D. 2012 (Pa. Cmwlth. Ct., Jan. 8, 2013), a motorist, Joseph Bubba ("Bubba"), was traveling as a passenger along State Route 737 in Albany Township, Berks County, PA. The driver of the car swerved to avoid an animal, hit a drop off at the edge of the shoulder, and overturned. Following the accident, Bubba brought an action against the Department of Transportation ("DOT") alleging that DOT allowed the shoulder to deteriorate, causing a dangerous elevation difference between the shoulder and...
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