DocketNumber: Appeal, No. 53 T.D. 1983
Citation Numbers: 97 Pa. Commw. 180, 510 A.2d 153
Judges: Craig, Kalish, Palladino
Filed Date: 5/12/1986
Status: Precedential
Modified Date: 6/24/2022
Opinion by
' Remington Arms Company, Inc. appeals an order of the Court of Common Pleas of Northampton County, which sustained the objections of the Department of Transportation (DOT) to discovery requests. We reverse.
Theresa Hughes was fatally injured in an automobile accident, which occurred while she was operating a tractor trailer. Al Gable, the administrator of her estate, filed a complaint against Fruehauf Corporation, the manufacturer of the trailer, and Remington Arms Company, which loaded the trailer. Remington Arms filed a complaint joining DOT as an additional defendant. That complaint averred that the accident was the result of DOTs negligent supervision, maintenance and control of a dangerous and hazardous condition existing at a point on the highway where the accident occurred.
At a deposition, a DOT traffic engineer was questioned about certain accident records and reports kept by DOT regarding the area in which the accident occurred. DOT objected to the questioning or discovery of any accident data, records, or accident studies associated with the in-depth accident investigations kept by DOT. The trial court held that section 3754(b) of the Vehicle Code, 75 Pa. C. S. §3754(b), bars discovery of studies and investigations of accidents prepared by DOT, because of the confidential nature of such studies. Pursuant to a petition filed by Remington Arms, the trial court amended its order to certify this matter for an interlocutory appeal.
Accordingly, we must reverse the trial court.
Order
Now, May 12, 1986, the order of the Court of Common Pleas of Northampton County entered at No. 1981-C-3139, dated June 17, 1983, is reversed.