Stotler v. Dept. of Transportation

Summary

The court held that the plaintiff's allegations concerning Route 44's steep downhill grade, the absence of a runaway-truck ramp and warning signs, and related maintenance and supervisory deficiencies did not state a claim under the defective highway statute. Because the alleged condition did not constitute an object or condition in or near the traveled path that necessarily obstructed or hindered travel, the statutory waiver of sovereign immunity did not apply. The court therefore affirmed dismissal for lack of subject matter jurisdiction.