Case law

Wimbish v. School District

59 Pa. Commw. 620 · Commonwealth Court of Pennsylvania · Jun 10, 1981

amendment of pleadings to allow full development of a party’s theories and averments “does not encompass a duty in the courts to allow successive amendments when the initial pleading indicates that the claim asserted cannot be established … Nor may appellant find relief in the other seven exceptions to the immunity bar.

Department of Health v. Data-Quest, Inc.

972 A.2d 74 · Commonwealth Court of Pennsylvania · Apr 14, 2009

The Board was established in furtherance of a public policy extending more than 200 years ago to allow claim *79 ants who ordinarily would have been barred by sovereign immunity to have a method of redress against the Commonwealth … if it did not fit within the exception of the statute provided to exempt the immunity.

Miseo v. Ross Township Police Department

147 Pa. Commw. 263 · Commonwealth Court of Pennsylvania · Apr 13, 1992

Because traffic signals are power-operated traffic-control devices, flares cannot qualify as traffic signals. … Township, liability cannot be imposed on Township under the governmental immunity exception at 42 Pa.C.S. § 8542(b)(4).

Northeastern Educational Intermediate Unit No. 19 v. Stephens

98 Pa. Commw. 127 · Commonwealth Court of Pennsylvania · Jun 12, 1986

And Section 7107, while it uses the term “discharge,” qualifies it as being a discharge implemented because a reduction in force is necessary. … This Section contained a privileges and immunities clause.

Smith v. Commonwealth, Department of Transportation

700 A.2d 587 · Commonwealth Court of Pennsylvania · Sep 11, 1997

On April 18,1996, DOT filed a motion for summary judgment, alleging that it is immune from suit pursuant to section 8522(a) of what is commonly referred to as the Sovereign Immunity Act (Act), 2 and that it is not within … establishes its entitlement to judgment as a matter of law.

Palmer v. Bartosh

959 A.2d 508 · Commonwealth Court of Pennsylvania · Oct 23, 2008

A demurrer can only be sustained where the complaint clearly is insufficient to establish the pleader’s right to relief. County of Allegheny v. Commonwealth, 507 Pa. 360 , 490 A.2d 402 (1985). … The Act waives governmental immunity only for certain negligent acts of the agency or its employees; where the employee’s conduct is intentional in nature, the local agency retains its governmental immunity. 42 Pa.C.S. §

Nardella v. Southeastern Pennsylvania Transit Authority

34 A.3d 300 · Commonwealth Court of Pennsylvania · Nov 30, 2011

Nardella could not establish that the real estate exception to sovereign immunity, Section 8522(b)(4) of the Act commonly known as the Sovereign Immunity Act (Act), 42 Pa.C.S. § 8522(b)(4), applied in this matter. Ms. … noting that the dangerous condition must derive, originate, or have the real estate as its source in order to fall within the real estate exception, and substances such as ice, snow, or debris on the real estate do not qualify

Page v. City of Philadelphia

25 A.3d 471 · Commonwealth Court of Pennsylvania · Jul 18, 2011

To defeat the defense of sovereign immunity, Page must also establish that his claim falls within one of the nine enumerated exceptions to sovereign immunity set forth in Section 8522(b) of the Sovereign Immunity Act. … To the extent that Page attempts to establish that the exception to sovereign immunity under Section 8522(b)(5) of the Sovereign Immunity Act is applicable, we must also disagree.

A.D. Brown v. K.R. Bradford

194 A.3d 1141 · Commonwealth Court of Pennsylvania · Sep 25, 2018

Brown has utterly failed to establish such substantial doubt. There is nothing in the record to establish any basis for the Trial Court’s recusal. … It is undisputed that Brown qualifies as an abusive litigator.9 In addition, Brown’s claims against FJD Defendants are barred by immunity. 42 Pa. C.S. §§ 8501-8550.

Safety, Agriculture, Villages & Environment (S.A.V.E.), Inc. v. Delaware Valley Regional Planning Commission

819 A.2d 1235 · Commonwealth Court of Pennsylvania · Mar 31, 2003

. § 134 responsible for developing transportation improvement proposals to assist the signatory parties in qualifying for federal highway funds. … Therefore, the Commission is not an organization performing an essential governmental function to qualify as “an agency” subject to the disclosure requirement of the Act.

Allentown State Hospital v. Gill

88 Pa. Commw. 331 · Commonwealth Court of Pennsylvania · Mar 22, 1985

If so, immunity has been waived. … condition of [the patient] warranted the duty asserted, the hospital would clearly be responsible for injury to the person or property of third parties where such injury resulted from the hospital’s negligent failure to

Coon v. Deputy Sheriff's Education & Training Board

111 Pa. Commw. 176 · Commonwealth Court of Pennsylvania · Nov 19, 1987

That statutory standard clearly provides a yardstick for the board’s specific review of county curricula. … for deputy sheriff training by utilizing existing facilities, programs and qualified State and local personnel.

Robinson v. City of Philadelphia

666 A.2d 1141 · Commonwealth Court of Pennsylvania · Oct 26, 1995

Petrovitch, 161 Pa.Cmwlth. 261 , 636 A.2d 1248 (1994), states clearly that Agresta was overruled by the Supreme Court in Gray . In our view, Robinson’s omission was not mere inadvertence. … Cmwlth. 655, 634 A.2d 677 (1993), as are arguments which counter well established rules of law. Murphy v.

Smith v. Endless Mountain Transportation Authority

878 A.2d 177 · Commonwealth Court of Pennsylvania · Jul 5, 2005

Rajjoub’s deposition testimony establishes the following: (1) as a result of the accident, Smith fractured her C-l vertebrae, *181 (2) Smith was required to wear a halo device from October 17, 2001 through January 15, 2002 … The Supreme Court in Walsh interpreted Section 8553(c)(2)(ii) of the Code to require that any residual pain be manifested as a permanent loss of bodily function to qualify for pain and suffering damages against a local agency

Johnstown Redevelopment Authority v. Commonwealth

124 Pa. Commw. 344 · Commonwealth Court of Pennsylvania · Mar 22, 1989

to establish a prima facie■ case. … The Authority has waived this governmental immunity argument for failure to raise this argument before the Commission. See Pa. R.A.P. 1551.

B.A. Casteel and J.R. Casteel, Individually and as Administrators of C.A. Miller v. L. Tinkey

151 A.3d 261 · Commonwealth Court of Pennsylvania · Dec 5, 2016

To establish common law negligence, the following elements must be generally met: 1. … Thus, Appellants cannot establish that an exception to sovereign immunity applies in this case. 21 Accordingly, for all of the foregoing reasons, we affirm.

Werner v. Commonwealth

109 Pa. Commw. 134 · Commonwealth Court of Pennsylvania · Sep 3, 1987

This instruction was clearly consistent with Section 114 of the Act. 50 P.S. §7113. … This testimony clearly did not contradict the other evidence so as to prejudice the Werners’ case.

F. Minor v. Sgt. D. Kraynak

155 A.3d 114 · Commonwealth Court of Pennsylvania · Feb 17, 2017

Also, they were clearly on duty and working within the prison walls when they allegedly took the action. … objection” if the defense is “clearly applicable on the face of the complaint.”

Kuehner Et Ux. v. Parsons

107 Pa. Commw. 61 · Commonwealth Court of Pennsylvania · Jun 22, 1987

Summary judgment is only proper when, after examining the record in the light most favorable to the non-moving party, there is no genuine issue of material fact and the moving party clearly establishes that it is entitled … The statute, however, clearly states that fraud and willful misconduct are excluded from the exceptions to immunity. 42 Pa. C. S. §8542(a)(2).

Carletti v. Department of Transportation

190 A.3d 766 · Commonwealth Court of Pennsylvania · Jul 17, 2018

The rules of evidence permit a qualified expert to “testify in the form of opinion.” Pa.R.E. 702. … Clearly, PennDOT requested a more specific instruction, which the trial court acknowledged when it said to PennDOT’s counsel, “[Y]ou have an exception on the record, of course.”