Case law

Tackett v. Pine Richland School District

793 A.2d 1022 · Commonwealth Court of Pennsylvania · Mar 14, 2002

Local government agencies are generally immune from tort liability. Section 8541 of the Judicial Code. This “governmental immunity,” however, is not absolute. … 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 moving party clearly establishes that he is entitled

Smith v. Southeastern Pennsylvania Transportation Authority

707 A.2d 604 · Commonwealth Court of Pennsylvania · Feb 13, 1998

/leaseback arrangement with the City assertedly does not include the sidewalk, and no other writing establishes that SEPTA owns or leases the property. … general statutory grant of sovereign immunity.

Beaver v. Coatesville Area School District

845 A.2d 955 · Commonwealth Court of Pennsylvania · Mar 26, 2004

“Preliminary objections in the nature of a demurrer *958 should be'sustained only where the pleadings are clearly insufficient to establish a right to relief. … As we stated above, we agree with Appellants that the facts as set forth in the complaint do not establish that Appellant was an employee of an independent contractor.

GARRETT BY GARRETT v. Moyston

127 Pa. Commw. 488 · Commonwealth Court of Pennsylvania · Jun 27, 1989

Commonwealth Ct. 530, 534 , 510 A.2d 377 (1986), we established that the City has no duty at common law or by statute or ordinance to erect traffic controls. … Clearly, a bus stop is not a traffic control signal.

A. Walker v. SCI-Greene Psychology Department, Staff/Supervisors

Commonwealth Court of Pennsylvania · Dec 24, 2025

established right to review his records; (3) the Psych Dept has a corresponding duty to provide access to his records; (4) Appellant has stated a claim; and (5) the trial court erred in dismissing his claim. … Further, while Appellant has identified a statutory right of access to his mental health records, this right has been clearly limited by DOC policy.

United Brokers Mortgage Co. v. Fidelity Philadelphia Trust Co.

26 Pa. Commw. 260 · Commonwealth Court of Pennsylvania · Sep 9, 1976

Preliminary objections of the Funds also assert sovereign immunity as to Count II of the complaint. … The statute establishing the Public School Employees’ Retirement Board is analogous in relevant parts, Public School Employees’ Retirement Code, 24 *265 Pa.

Franklin County Deputy Sheriff's Ass'n v. Pennsylvania Labor Relations Board

885 A.2d 613 · Commonwealth Court of Pennsylvania · Oct 21, 2005

, privileges or immunities secured by the United States Constitution or federal law, was inflicted as a result of the implementation of a government policy or custom that was either made by the lawmakers or by an official … Clearly, such is not the case here where the Sheriffs policy at issue, ie., the deputy sheriffs’ duties during a strike by County employees, never has been implemented.

Redmond v. Commonwealth

194 A.3d 229 · Commonwealth Court of Pennsylvania · Jul 26, 2018

Instead, the ECMS Contract 17657 cited by Redmond clearly provides that the agreement is between “the City of Philadelphia Department of Streets of the Commonwealth of Pennsylvania, Philadelphia County, hereinafter called … In its Rule 1925(a) opinion, the trial court outlined the evidence of record that could establish a prima facie case of negligence against the SEPTA bus driver.

Ryals v. City of Philadelphia

848 A.2d 1101 · Commonwealth Court of Pennsylvania · May 7, 2004

In this case, the z-bricks and concrete headers clearly established the path for pedestrian egress across the highway, just as the painted crosswalk did in Glenn , thereby serving the express dual purposes, of “guiding pedestrians … The crosswalk in question falls within this language and clearly acts to regulate traffic.

Cohen v. City of Philadelphia

847 A.2d 778 · Commonwealth Court of Pennsylvania · Apr 23, 2004

In contrast, Cohen maintains that (1) the testimony of City police officer Bernadette McCafferty established that the City had actual knowledge of the allegedly dangerous condition; (2) the City remains secondarily liable … 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 moving party clearly establishes that he is entitled

Dailey v. Pennsylvania Labor Relations Board

148 A.3d 920 · Commonwealth Court of Pennsylvania · Oct 14, 2016

We cannot substitute our judgment for the judgment of the Board, whose expertise makes it more qualified to assess factual matters within its field. Id. … Regarding the Board’s interpretation of PERA, it is well established that the Board’s interpretation of its governing statute “is to be given ‘controlling weight unless clearly erroneous.’” Lancaster Cnty. v. Pa.

Southeastern Pennsylvania Transportation Authority v. Union Switch & Signal, Inc.

161 Pa. Commw. 400 · Commonwealth Court of Pennsylvania · Jan 14, 1994

It stated: Clearly, PAT may claim sovereign immunity if it is a “commonwealth party.” A “commonwealth party” is defined in 42 Pa.C.S. § 8501 as “[a] Commonwealth agency and an employee thereof ...” … The Board of Claims was established by the General Assembly to hear contract claims brought against the state.

Vare Bros. v. Commonwealth

43 Pa. Commw. 582 · Commonwealth Court of Pennsylvania · Jun 28, 1979

Defendant established that a settlement had been made in the third party action for the gross amount of $60,000.00. 4. … In the instant case the employer has clearly failed to meet its burden.

H. Podejko v. DOT v. H.M. Kastler, of The Estate of J.G. Bunnell

Commonwealth Court of Pennsylvania · Jul 27, 2020

Chester Water Authority, 191 A.3d 799 (Pa. 2018), the Pennsylvania Supreme Court established an expanded definition of operation. … Regester and Speece are entirely consistent with established case law holding that a volunteer fire company has immunity when it is performing public firefighting duties.

Logan v. Lillie

728 A.2d 995 · Commonwealth Court of Pennsylvania · Apr 13, 1999

The rationale for this exception is to avoid unnecessary delay if the complaint is clearly barred by the doctrine of immunity. … In the case at bar, Father can not establish that there is a real and immediate threat that he will be wronged in the future.

R. Brown-Boyd, of the Estate of B. Watts v. SEPTA and S. Gonzales

Commonwealth Court of Pennsylvania · Jul 15, 2024

Summary judgment should be granted “only in those cases where the record clearly demonstrates that there is no genuine issue of material fact and 4 The Pennsylvania Association for Justice has filed an amicus curiae … SEPTA maintains Brown-Boyd “failed to adduce admissible evidence to establish causation or . . . a statutory exception to immunity” under Rule 1035.2(2). SEPTA’s Br. at 33.

T.D. King v. The Philadelphia Parking Auth.

Commonwealth Court of Pennsylvania · Jul 17, 2024

Qualified Immunity Third, Driver contends that qualified immunity defense does not protect official conduct that violates clearly established statutory or constitutional rights. … The doctrine of qualified immunity protects government officials and public servants “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which

DiMino v. Borough of Pottstown

129 Pa. Commw. 154 · Commonwealth Court of Pennsylvania · Sep 25, 1989

It is well established that an entry of summary judgment may be granted only in cases where the right is clear and free from doubt. Consumer Party of Pennsylvania v. Commonwealth, 510 Pa. 158 , 507 A.2d 323 (1986). … Bicycling, although not specifically enumerated in Section 2(3) of the Recreation Act, 68 P.S. § 477-2(3) which defines “recreational purposes,” 7 is clearly a type of use this Court has determined to be “recreational.”

Baker v. City of Philadelphia

145 Pa. Commw. 421 · Commonwealth Court of Pennsylvania · Feb 6, 1992

because their claim clearly falls within the real property, streets and/or sidewalks exception to immunity as set forth in the Political Subdivision Tort Claims Act. 3 The Commonwealth real estate, highways and sidewalks … The Authority argues that mere conjecture, speculation or guess on the cause of the accident is insufficient to establish liability.

Edmondson v. Zetusky

674 A.2d 760 · Commonwealth Court of Pennsylvania · Apr 10, 1996

The Mayor asserts that Edmondson’s own evidence clearly establishes that she made no misrepresentations because he admitted in his deposition that she never expressly told him she had the sole authority to hire him. … The only way the Mayor could be stripped of her official immunity is if Edmondson established that her conduct amounted to “willful misconduct.” Uram v. County of Allegheny, 130 Pa.Cmwlth. 148 , 567 A.2d 753 (1989).