Commonwealth Court of Pennsylvania January 19, 2011, 1298 C.D. 2010 (Brown v. Commonwealth, Department of Transportation)

OPINION BY

Senior Judge FRIEDMAN.

The Commonwealth of Pennsylvania, Department of Transportation (DOT), appeals from the June 10, 2010, order of the Court of Common Pleas of Lackawanna County (trial court) denying DOT’S second motion for summary judgment and certifying the issue of whether this action is barred by sovereign immunity for appeal to this court pursuant to section 702(b) of the