Motor scooter driver brought negligence and premises liability action against city, regional transportation authority, and Department of Transportation after driver was injured when wheels of scooter allegedly struck a discontinued and exposed trolley track.
Following jury trial, the Common Pleas Court entered judgment in favor of driver and awarded damages. City and authority appealed and driver cross-appealed.
The Commonwealth Court held that:
- City’s failure to notify regional transportation authority of alleged defect in trolley track was not a basis for imposition of duty on part of city to driver;
- Provision of Restatement allowing for imposition of a duty based on a voluntary undertaking does not apply to government actors and thus cannot be used to create a duty on part of government actor that does not otherwise exist;
- Exposed rail was not a dangerous condition of authority’s property and thus could not support application of the real estate exception to sovereign immunity;
- Trial court acted within its discretion in declining to allow driver leave to amend pleadings to seek punitive damages against authority.