# Maloney v. City of Philadelphia

> Commonwealth Court of Pennsylvania · December 15, 1987 · 111 Pa. Commw. 634

URL: https://www.frixlaw.com/law-library/cases/9733978

## Case

- **Full name:** Joseph F. Maloney, Appellant v. City of Philadelphia, Appellee; City of Philadelphia, Appellant v. Joseph F. Maloney, Appellee
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** December 15, 1987
- **Citations:** 111 Pa. Commw. 634; 535 A.2d 209; 1987 Pa. Commw. LEXIS 2715
- **Precedential status:** Published
- **Opinion:** Dissent by Colins
- **Judges:** Colins, Palladino, Kalish
- **Cited by:** 29 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/9733978

## How later opinions describe it (automated extraction)

- explaining that because Philadelphia’s “purported liability was merely derivative of the contractor’s negligence,” Philadelphia was immune under “the ‘any other person’ language of § 8541”

## Opinion text

*645 Dissenting Opinion by
Judge Colins:
I dissent. I believe that under the unique facts of this case, there was sufficient evidence in the record for the trier of fact to conclude that the scaffolding in question qualified as a fixture and, therefore, could properly have been considered real estate for purposes of the Political Subdivision Tort Claims Act.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9733978. Public record. Not legal advice.