Case law

Knudsen v. Delaware County Regional Water Quality Control Authority

84 Pa. Commw. 36 · Commonwealth Court of Pennsylvania · Jul 18, 1984

that the claimant to recover must establish that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred and that the local agency had actual notice or could reasonably be charged … This clearly is not an averment that the school district had care, custody or control of the sign.

Norbert v. Com., State Police

148 Pa. Commw. 505 · Commonwealth Court of Pennsylvania · Jun 12, 1992

The complaint is, therefore, based upon the rationale in Susko , inadequate to establish a duty on the State Police. … The Court opined: Because the general assembly intended to exempt the Commonwealth from immunity only in specific clearly defined situations, we must strictly construe this real property exception..

Consolidated Rail Corp. v. Shirk

143 Pa. Commw. 422 · Commonwealth Court of Pennsylvania · Nov 13, 1991

Summary judgment is only appropriate 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 movant clearly establishes entitlement to judgment … Exceptions to governmental immunity (a) Liability imposed.

Canizares v. City of Philadelphia

162 Pa. Commw. 444 · Commonwealth Court of Pennsylvania · Mar 10, 1994

To establish liability in light of governmental immunity, Appellants were required to establish each of the following at trial: (1) that the City would have been liable under common law or statute for Mr. … Our review of the record reveals that Appellants have failed to establish the second and third aforementioned requirements, each of which would support a conclusion that the City is immune from suit in the present case.

Buffalini v. Shrader

112 Pa. Commw. 228 · Commonwealth Court of Pennsylvania · Dec 30, 1987

(Emphasis added.) *235 This section is clearly intended to grant municipalities the authority to enforce its ordinances under the conditions set out in the statute but its permissive language does not mandate that enforcement … immunity pursuant to 42 Pa.

Phillips v. Insurance Commissioner of the Commonwealth

980 A.2d 687 · Commonwealth Court of Pennsylvania · Sep 11, 2009

Attorney Land explained that Abington had immunity and didn’t have to pay for the damage because the Phillips had collision coverage. N.T, at 13; R.R. at Rll. … Here, Erie established that there were two accidents in a thirty-six month period which required it to pay out more than the threshold amount.

Vance v. Kassab

15 Pa. Commw. 328 · Commonwealth Court of Pennsylvania · Oct 7, 1974

While the Commonwealth’s immunity extends to actions for injunctive relief (Conrad v. … Commonwealth Ct. 564 , 322 A. 2d 775 (1974) relied on by the plaintiffs, is clearly different.

City of Philadelphia v. Shapp

44 Pa. Commw. 303 · Commonwealth Court of Pennsylvania · Jul 17, 1979

Since the payment of the funds has been provided by statute, from the standpoint of the state, the “claim” has been established and therefore this is not a situation where waiver of sovereign immunity is an issue. … Although immunity is an affirmative defense which ordinarily should be raised as new matter, we have considered and ruled upon issues of immunity raised in preliminary objections, when to delay ruling thereon would serve

Vrabel v. Commonwealth

844 A.2d 595 · Commonwealth Court of Pennsylvania · Mar 9, 2004

However, the plaintiffs did not produce expert testimony that established PennDOT’s legal duty to place those particular signs or established the lack of signs caused the accident. … However, Kiser did not involve application of the Sovereign Immunity Act; consequently, the case is inapposite to this controversy where the Sovereign Immunity Act applies.

Canon-McMillan School District v. Bioni

110 Pa. Commw. 584 · Commonwealth Court of Pennsylvania · Oct 30, 1987

If the verdict is clearly against the weight of the evidence, a new trial is compelled. Id. … These are the criteria established in Pennsylvania. See Justice v. Nesquehoning Valley Railroad Co., 87 Pa. 28 (1878).

K.A. Pezzano v. Towamencin Twp.

155 A.3d 96 · Commonwealth Court of Pennsylvania · Feb 16, 2017

The trial court found that the defamation and invasion of privacy claims against Mo-sesso were barred by immunity because his position as a second-class township supervisor qualified him as a high public official and the … official immunity.

Reid v. City of Philadelphia

904 A.2d 54 · Commonwealth Court of Pennsylvania · Aug 3, 2006

Judge Smith-Ribner in White had noted that no court decisions had clearly concluded that municipalities lose their ownership interests in streets and roads merely because a street had been designated a Commonwealth highway … Plaintiffs must establish that the accumulation caused ridges or “other elevation” of such a size and character as to obstruct travel.

Scott v. Willis

116 Pa. Commw. 327 · Commonwealth Court of Pennsylvania · May 25, 1988

Clearly, then, the real property ex *334 ception is unavailable to Appellants, and their claims against the School District were correctly dismissed. … Further, Appellants have failed to plead the sufficient factual predicates on which they could establish willful misconduct. See Weissman v. City of Philadelphia, 99 Pa. Commonwealth Ct. 403 , 513 A.2d 571 (1986).

Smith v. Manson

806 A.2d 518 · Commonwealth Court of Pennsylvania · Sep 6, 2002

Those exceptions must be strictly construed because the legislature, when enacting the Tort Claims Act, clearly intended to insulate local agencies from liability save only in the specifically defined situations. … The Sovereign Immunity Act preserves the sovereign immunity of Commonwealth parties except where it is waived by the exceptions set forth in Section 8522.

City of Philadelphia v. Cumberland County Board of Assessment Appeals

18 A.3d 421 · Commonwealth Court of Pennsylvania · Apr 4, 2011

, making all of its Property immune from local taxation. … Without delving too deeply into the Trust’s affairs, it appears that it qualifies as an institution of purely public charity.

T. Pysher v. Clinton Twp. Volunteer Fire Co.

209 A.3d 1116 · Commonwealth Court of Pennsylvania · May 8, 2019

Notably, in Guinn, the immunity of the fire company had already been conceded and was not in issue. The issue before the Supreme Court was whether that immunity extended outside of the scope of firefighting duties. … To qualify as governmental, the function must be a substantial facet of a government activity.” Id. at 1109.

Dijas Capital, LLC v. Department of Community & Economic Development

972 A.2d 120 · Commonwealth Court of Pennsylvania · Apr 28, 2009

“Privilege” is defined as “[a] special legal right, exemption, or immunity granted to a person or class of persons,” Black’s Law Dictionary 1215 (7th Ed. 1999), and “a right or immunity granted as a peculiar benefit,' advantage … The Bakery was established in 1990 and is a kosher/all natural food manufacturer which sells its products throughout the east coast. 5 .

R.H.S. v. Allegheny County Department of Human Services

936 A.2d 1218 · Commonwealth Court of Pennsylvania · Nov 15, 2007

Preliminary objections in the nature of a demurrer should be sustained only where the pleadings are clearly insufficient to establish a right to relief; any doubt must be resolved in favor of overruling the demurrer. … Plaintiff fails to allege sufficient facts establishing Tarasi’s actions constituted a crime or willful misconduct. Accordingly, Plaintiffs assertion that Tarasí is not immune from suit fails. D.

Brozovich v. Circle C Group Homes, Inc.

120 Pa. Commw. 417 · Commonwealth Court of Pennsylvania · Oct 14, 1988

. *420 The CYS Appellees raised both governmental immunity under 42 Pa. C. S. §8541 and immunity under Section 11 of the Law, 11 P.S. §2211. … However, while she clearly would be entitled to immunity from suit if her good faith in reporting abuse is established, the lack of a presumption to that effect renders this a factual question, fairly raised by Appellants

Robson v. Penn Hills School District

63 Pa. Commw. 250 · Commonwealth Court of Pennsylvania · Dec 16, 1981

Exceptions to governmental immunity. … immunity by the holding in Ayala v.