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PennDOT sued over fatal crashes
Families of 4 killed at Washington County intersection claim agency failed to make it safe
Friday, July 30, 2010

The families of four people killed at a Washington County intersection over the past two years are suing the Pennsylvania Department of Transportation, claiming that the agency knew that the intersection was dangerous and failed to take action.

The complaints, all filed by attorney Richard J. Joyce in Washington County Common Pleas Court, allege that there have been more than 90 reportable accidents to the state police at the intersection of state Route 136 and Church Road in Somerset over the past 10 years.

The intersection is on a highly traveled road used as a shortcut to get to Interstate 79 from Route 136.

The plaintiffs claim that because of the grading and curvature of Route 136, it is difficult for drivers approaching in both directions to see opposing traffic. At the intersection of Church Road, both lanes of travel on Route 136 go into blind spots, they claim.

The lawsuit states that since at least 1994, PennDOT was aware of the dangerous conditions of the intersection -- having been sued before, and having had other written claims filed against it.

The wrongful death lawsuits, which include claims for negligent design, construction and maintenance of the intersection, say that PennDOT has failed to use adequate traffic control devices.

Further, it goes on, that the department is liable for allowing the dangerous intersection to continue to exist.

The lawsuits were filed on behalf of:

George and Beverly Dunch of Burgettstown, who were traveling west on Route 136 on Dec. 22, 2008, when they were struck by an oncoming car as they attempted to turn left onto Church Road. Ms. Dunch, 61, died at the scene. Mr. Dunch, 68, died on April 18, 2009, from injuries related to the crash.

Harold S. Varner, 51, of Claysville, who was killed on June 26, 2008. He was headed west on Route 136 when, as he attempted a left turn on Church Road in his 1998 Ford Ranger, he was struck and killed.

Charles S. Stepanek, 52, of Baldwin Borough, who was killed on Dec. 9, 2008. He was traveling east on Route 136, when he was struck and killed by a van attempting to turn left on Church Road.

According to Mr. Joyce, after the last fatal crash at the intersection, a PennDOT crew installed "No Left Turn" signs at all four points of the intersection.

It took a single crew less than half a day to install the signs on Jan. 23, 2009, he said.

A spokesman for PennDOT in Harrisburg said he could not comment on pending litigation.

Paula Reed Ward: pward@post-gazette.com or 412-263-2620.

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First published on July 30, 2010 at 12:00 am