With a substantial reliance on Commonwealth v. Sanders, the Pennsylvania Superior Court ruled that the Commonwealth failed to make out a prima facie case of homicide by vehicle in a well-publicized incident where a trash truck struck and killed a bicyclist. The Court held that the Commonwealth did not offer any evidence that the defendant operated the trash truck recklessly. The Commonwealth argued that the defendant was driving the truck with only one hand, that he should have stood up in the truck for a better view as he made the fateful turn, and that he failed to yield to the bicycle that was in his blind spot as he turned. The Court rejected each argument and affirmed the lower court’s order discharging homicide by vehicle.
