Commonwealth Court of Pennsylvania September 11, 1997, No. 2266 C.D. 1996 (Smith v. Commonwealth, Department of Transportation)

PELLEGRINI, Judge,

dissenting.

I respectfully dissent from the majority’s decision to reverse the trial court’s granting of summary judgment in favor of PennDot because the expert report relied upon does not state that State Route 350 was defectively designed.

On January 23, 1992, Deena Smith (Smith) was injured while riding as a passenger in a vehicle driven by a colleague.