Case law

James J. Gory Mechanical Contracting, Inc. v. Philadelphia Housing Authority

579 Pa. 26 · Supreme Court of Pennsylvania · Aug 17, 2004

immunity provisions. … behalf in establishing and maintaining a transit system to serve the citizens in Allegheny County. .

Rodgers v. Washington County Institution District

349 Pa. 357 · Supreme Court of Pennsylvania · Mar 22, 1944

An examination of the operation of this Institution District, however, clearly shows that it was operating in a governmental capacity and is therefore immune from liability for the negligence of its agents. … Section 401 of the same act, 62 PS section 2301, provides that the “local authorities shall have the power, and it shall be their duty with funds of the institution district . . . according to rules, . . . and standards established

Caso v. Workers' Compensation Appeal Board

576 Pa. 287 · Supreme Court of Pennsylvania · Dec 30, 2003

See 71 P.S. §§ 62 (placing WCAB in Department), 72 (authority of departments to establish bureaus to conduct work of departments). … The interpretation of the Department is not so clearly at odds with § 512(2) as to render its interpretation unreasonable. See Alpha Auto, supra.

Commonwealth, Aplt. v. Lehman, R.

Supreme Court of Pennsylvania · Mar 21, 2024

Ultimately, the Superior Court affirmed Lehman’s judgment of sentence, holding that DORIA did not afford him immunity because DORIA “provides immunity for only certain, specifically[ ]enumerated offenses” and a violation … With that being said, the Superior Court properly concluded that Renewal Center qualifies as a “correctional institution” for purposes of Section 5123(a.2), (e).

Uniontown Newspapers, Inc. v. Roberts

576 Pa. 231 · Supreme Court of Pennsylvania · Dec 24, 2003

If the particular proceeding in question passes these tests of experience and logic, a qualified First Amendment right of public access attaches. Capital Cities Media, Inc. v. … (denying qualified immunity to governmental officials and remanding for further proceedings).

Topp Copy Products, Inc. v. Singletary

533 Pa. 468 · Supreme Court of Pennsylvania · May 26, 1993

the intent of the parties; 3) the language of the contract must be construed, in cases of ambiguity, against the party seeking immunity from liability; and 4) the burden of establishing the immunity is upon the party invoking … No inference from words of general import can establish it.” Perry, 217 Pa. at 262 , 66 A. at 557 .

Tranter v. Alleghency County Co. Authority

316 Pa. 65 · Supreme Court of Pennsylvania · May 23, 1934

All members shall continue to hold office until their respective successors are appointed and qualified." Article IV confers the right to acquire property. … The decisions we shall presently cite clearly establish that to be so.

Chevalier v. City of Philadelphia

516 Pa. 316 · Supreme Court of Pennsylvania · Oct 15, 1987

Appellees argued that the City was not immune from the injuries sustained by Mr. … not seen fit to waive immunity for such actors or their acts in any of the eight exceptions.

Guardians of the Poor v. Greene

5 Binn. 554 · Supreme Court of Pennsylvania · Jul 12, 1813

On the clearing away of the mist of the dark ages, we find it settled down with the jure divino right of tithes, and endless immunities. The church establishment in England has become a part of the common law. … On the contrary, the getting quit of the establishment and ecclesiasiical tyranny and immunity, was a great cause of the emigration.

Commonwealth v. Mulholland

549 Pa. 634 · Supreme Court of Pennsylvania · Oct 10, 1997

have been given immunity. … There was no reason, however, to offer immunity when the witness testified voluntarily without immunity—indeed, there was no authority to offer immunity under these circumstances.

Stouffer v. Morrison

400 Pa. 497 · Supreme Court of Pennsylvania · Jun 30, 1960

Chief Justice Stern said: “Plaintiff’s case cannot surmount the barrier of the rule establishing- the immunity of municipalities from liability for torts committed by their employes in the course of performance of a governmental … The activity in which the officers here were engaged was clearly a governmental function.

In Re Martorano

464 Pa. 66 · Supreme Court of Pennsylvania · Oct 3, 1975

testify shall not be given except upon an order of court after a hearing in which the attorney general has established a need for the grant of immunity . . . .” 7 In Falone we held: “The ‘hearing’ requirement is designed … The order to testify shall not be given except upon an order of court after a hearing in which the attorney general has established a need for the grant of immunity, as hereinafter provided.” 19 P.S. § 640.1. .

Pennsylvania Railroad v. Philadelphia County

220 Pa. 100 · Supreme Court of Pennsylvania · Jan 20, 1908

So regarded it would clearly be an injustice to the corporators and unconstitutional. … But it is manifest that it is used in a special and qualified sense.

Guthrie v. Borough of Wilkinsburg

505 Pa. 249 · Supreme Court of Pennsylvania · Jun 28, 1984

To have a protectable property interest, “a person must clearly have more than an abstract need or desire for it.” Board of Regents v. Roth, supra, 408 U.S. at 577 , 92 S.Ct. at 2709 . … Appellants have failed to establish any concrete injury which has flowed from the issuance of the warnings.

Metropolitan Edison, Aplt. v. City of Reading

162 A.3d 414 · Supreme Court of Pennsylvania · Jun 20, 2017

The Commonwealth Court concluded, “Clearly, the dangerous condition, as alleged, originated with the conduct of [the water authority’s] employees.” … The City argues that in order to pierce the City's immunity, Met-Ed was required to utilize the same alleged negligence to establish both common law negligence and the Utility Exception. City's Brief at 13 n.2.

Delaware County Solid Waste Authority v. Berks County Board of Assessment Appeals

534 Pa. 81 · Supreme Court of Pennsylvania · Jun 1, 1993

The Commonwealth Court recognized these established principles, but held that the immunity was not applicable because the Municipality Authority Act of 1945 authorized the taxation of property owned by municipal authorities … We do not agree with the Commonwealth Court that “[Section 318] clearly indicates that municipal authorities are required to pay taxes and assessments on their property unless that property falls within the stated exception

McShea v. City of Philadelphia

606 Pa. 88 · Supreme Court of Pennsylvania · May 27, 2010

In concluding that the cause of action in Count III, which is clearly premised on allegations of carelessness in overseeing the administration of the Plan, survives immunity as a contract action, we must reluctantly conclude … tort immunity by contract.

Commonwealth, Aplt. v. Pownall, R.

Supreme Court of Pennsylvania · Jul 20, 2022

Forsyth, 472 U.S. 511, 528 (1985) (holding that a claim of qualified immunity is separable from the merits of the underlying claim because “[a]n appellate court reviewing the denial of the defendant’s claim of immunity … plaintiff's claim on the merits (i.e., in the absence of qualified immunity).”).

Atcovitz v. Gulph Mills Tennis Club, Inc.

571 Pa. 580 · Supreme Court of Pennsylvania · Dec 20, 2002

Our standard of review is clear: the trial court’s order will be reversed only where it is established that the court committed an error of law or clearly abused its discretion. Id. … Simply, the existence of a civil immunity provision for Good Samaritans who use an AED in an emergency situation cannot impose a duty on a business establishment to acquire, maintain, and use such a device on its premises

Tsarnas v. Jones & Laughlin Steel Corp.

488 Pa. 513 · Supreme Court of Pennsylvania · Mar 20, 1980

Constitution, by establishing unreasonable and arbitrary classifications. … Richardson, 411 U.S. 677, 683 , 93 S.Ct. 1764, 1768 , 36 L.Ed.2d 583 (1973)). *523 Clearly, Section 303(b) does not affect a fundamental right, nor does it involve a suspect class.