overruling in part Crowell v. City of Philadelphia, 131 Pa.Commonwealth Ct. 418, 570 A.2d 626 (1990)
How later courts described this case
- overruling in part Crowell v. City of Philadelphia, 131 Pa.Commonwealth Ct. 418, 570 A.2d 626 (1990)
- concurring opinion of Byer, J.
Written by the judges who cited it.
The opinion
KELLEY, Judge,
concurring.
I agree with overruling of Crowell’s prohibition of governmental joint liability, not because of the reasoning of the plurality, but because I envision the factual possibility of joint liability by governmental instrumentalities.
I must also align with the one proposition of the dissent by Judge McGinley construing Mascaro as requiring the “artificial condition or defect of the land itself...” caused the injury under the real estate exception.
With this reasoning, I would reverse and remand for the jury to determine the governmental liability, if any (jointly or severally), in accordance with the properly admissible evidence.