# Buschman v. Druck

> Commonwealth Court of Pennsylvania · April 15, 1991 · 139 Pa. Commw. 182

URL: https://www.frixlaw.com/law-library/cases/9764616

## Case

- **Full name:** Deborah A. BUSCHMAN, Appellant, v. Ann Marie DRUCK and Department of Transportation, Appellees; Ann Marie DRUCK and William S. Druck, Appellants, v. Deborah A. BUSCHMAN and Pennsylvania Department of Transportation, Appellees
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** April 15, 1991
- **Citations:** 139 Pa. Commw. 182; 590 A.2d 53; 1991 Pa. Commw. LEXIS 204
- **Precedential status:** Published
- **Opinion:** Concurrence by Kelley
- **Judges:** Craig, Doyle, Palladino, McGinley, Pellegrini, Kelley, Byer
- **Cited by:** 27 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9764616

## Opinion text

KELLEY, Judge,
concurring.
I agree with overruling of Crowell’s prohibition of governmental joint liability, not because of the reasoning of the plurality, but because I envision the factual possibility of joint liability by governmental instrumentalities.
I must also align with the one proposition of the dissent by Judge McGinley construing Mascaro as requiring the “artificial condition or defect of the land itself...” caused the injury under the real estate exception.
With this reasoning, I would reverse and remand for the jury to determine the governmental liability, if any (jointly or severally), in accordance with the properly admissible evidence.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9764616. Public record. Not legal advice.