# Sherman v. City of Philadelphia

> Commonwealth Court of Pennsylvania · January 31, 2000 · 745 A.2d 95

URL: https://www.frixlaw.com/law-library/cases/9714523

## Case

- **Full name:** Karin SHERMAN, Appellant, v. CITY OF PHILADELPHIA
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** January 31, 2000
- **Citations:** 745 A.2d 95; 2000 Pa. Commw. LEXIS 36
- **Precedential status:** Published
- **Opinion:** Dissent by Leadbetter
- **Judges:** Doyle, Colins, Smith, Friedman, Kelley, Flaherty, Leadbetter
- **Cited by:** 8 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/9714523

## Opinion text

LEADBETTER, Judge,
dissenting.
I must respectfully dissent. Although I do not disagree with the majority’s thorough and well-stated analysis, I simply do not believe that it is our function to rewrite a statute which is clear on its face because we believe the legislature has made a mistake. It is the General Assembly’s prerogative to write our statutory laws, and if one is inartfully drafted, it is the General Assembly’s prerogative to amend it or leave it alone.
I would affirm the Court of Common Pleas in this case, overrule White v. City of Philadelphia, 712 A.2d 345 (Pa.Cmwlth.1998) and leave it to the legislature to “fill in” “gaps” in the laws setting forth the exceptions to local government immunity.
Judge KELLEY joins in this dissenting opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9714523. Public record. Not legal advice.