# Borough of West View v. North Hills School District

> Superior Court of Pennsylvania · January 18, 1980 · 274 Pa. Super. 519

URL: https://www.frixlaw.com/law-library/cases/9712797

## Case

- **Full name:** BOROUGH OF WEST VIEW v. NORTH HILLS SCHOOL DISTRICT, Appellant
- **Court:** Superior Court of Pennsylvania
- **Decided:** January 18, 1980
- **Citations:** 274 Pa. Super. 519; 418 A.2d 527; 1980 Pa. Super. LEXIS 3555
- **Precedential status:** Published
- **Opinion:** Concurrence by Spaeth
- **Judges:** Van Voort, Spaeth, Watkins
- **Cited by:** 3 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/9712797

## Opinion text

*526 SPAETH, Judge,
concurring:
I concur in the result reached by the majority. The Borough’s action against the School District for indemnity is not barred as res adjudicata because the Borough’s action against the School District for indemnity is different from Mary Antal’s tort action against the Borough and the School District. Hartford Accident & Indemnity Co. v. Levitt & Sons, Inc., 24 F.R.D. 230 (E.D. Pa. 1959) (GOODRICH, J.). See also Kitchen v. Grampian Borough, 421 Pa. 464 , 219 A.2d 685 (1966). Nor is the Borough otherwise estopped from raising the School District’s primary liability for Mary Antal’s injuries. Ayala v. Philadelphia Board of Public Education, 453 Pa. 584 , 305 A.2d 877 (1973), which was decided a year after the School District was granted summary judgment in Antal’s action, constituted a significant change in the law regarding governmental immunity. See generally Piso v. Weirton Steel Co., Div. of National Steel Corp., 235 Pa.Super. 517, 529 , 345 A.2d 728, 734 (1975); Restatement (Second) of Judgments § 68.1 (Tent. Draft No. 3, 1976).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9712797. Public record. Not legal advice.