Flickinger Estate Et Al. v. Ritsky

on U. S. Route 422, a four-lane highway in Patton Township, Centre County. At the same time, defendant Ritsky, driving his own automobile, pulled onto the highway from a "Dairy Queen" parking lot on the easterly side of the highway. Ritskys car and Flickingers motorcycle collided, resulting in the death of the cyclist. A week prior to this occurrence, defendant-appellee Marona Construction Company [hereinafter "Marona"] had, in the course of laying a sanitary sewer line, piled dirt from the sewer excavation onto the berm of the highway. The dirt pile was located 138 feet south of the point at which Ritsky exited from the parking lot and in the direction from which Flickinger approached the point of collision.