Case law

Zlakowski v. Commonwealth

154 Pa. Commw. 528 · Commonwealth Court of Pennsylvania · Apr 2, 1993

Summary judgment is appropriate only if review of the record in a light most favorable to the non-moving party establishes that there is no genuine issue of material fact. Church of God of Prophecy v. … premises of Richard Wall Park in an unsafe and dangerous condition; b) failing to warn plaintiff’s decedent, Milton Jones, and others of the dangerous conditions existing therein; c) permitting children to play in a stream clearly

Independence Blue Cross v. Pennsylvania Insurance Department

802 A.2d 715 · Commonwealth Court of Pennsylvania · Jul 12, 2002

Plaintiff sought to challenge the sovereign immunity doctrine’s statutory caps. … Consequently, IBC has failed to establish that its declaratory petition would terminate a controversy or remove uncertainty.

B.L. Herold v. Univ. of Pittsburgh - of Com. System of Higher Ed. & 3M Co.

Commonwealth Court of Pennsylvania · Feb 16, 2023

“[I]t is well established that resort to the rules of statutory construction is to be made only when there is an ambiguity in the provision.” Oliver v. … Clearly, the Court has rejected any construction that grants full immunity to employers, leaving injured employees without an opportunity for reasonable compensation for their injuries. Id. at 864.

Commonwealth Department of Environmental Protection v. Schneiderwind

867 A.2d 724 · Commonwealth Court of Pennsylvania · Feb 2, 2005

not affect Schneiderwind’s rights in a manner that rendered the letter an appeal-able “action” as defined in 25 Pa.Code § 1021.1. 2 In addition, the Department’s letter refusing to decide Schneiderwind’s claim does not qualify … The Administrative Code provision concerning practice and procedure before the Board defines "action” as "An order, decision, determination or ruling by the Department affecting personal or property rights, privileges, immunities

Cypress Media, Inc. v. Hazleton Area School District

708 A.2d 866 · Commonwealth Court of Pennsylvania · Mar 13, 1998

II Section 1(2) of the Act, 65 P.S. § 66.1(2), defines a “public record” in part as “any minute, order or decision by an agency fixing the personal or property rights, privileges, immunities, duties or obligations of any … Clearly, the Buckley Amendment limits the availability of a person’s college transcripts in order to preserve an individual’s privacy interests in those records.

Pallante v. City of Philadelphia

133 Pa. Commw. 441 · Commonwealth Court of Pennsylvania · Jun 12, 1990

The trial court entered judgment n.o.v. for the Commonwealth based on its conclusion that there was no evidence that the Commonwealth had prior notice of the dangerous condition, as required by the exception to sovereign immunity … Although the trial court allowed the amendment near the close of Pallantes’ case-in-chief, this was clearly within his discretion under Pa.R.C.P. No. 1033.

Calandra v. ST. COLLEGE A. SCH. D.

99 Pa. Commw. 223 · Commonwealth Court of Pennsylvania · Jul 24, 1986

to wit; an opposition, an immunization. … Moreover, the record does not clearly reveal the governmental interest furthered by the District's requirement of tetanus immunization.

Christy v. Darr

78 Pa. Commw. 354 · Commonwealth Court of Pennsylvania · Nov 16, 1983

We disagree. *361 The testimony in question established that plaintiff had indeed suffered numerous problems following the removal of the malignant brain tumor in 1970. … This pronouncement of substantive law is clearly a legitimate exercise of the Legislature’s power.

Farley v. City of McKeesport

31 Pa. Commw. 250 · Commonwealth Court of Pennsylvania · Jul 22, 1977

. §39371 et seq. 1 The Ordinance establishes and sets forth the mechanism by which a municipal employee may qualify for the “service increment,” an addition to his retirement allowance, which increases for each year of service … is clearly intended to credit municipal employees’ past service.

Orweco F., Inc. v. Pa. Human Rel. Com.

113 Pa. Commw. 333 · Commonwealth Court of Pennsylvania · Feb 9, 1988

The hearing officer found that Complainant had established a prima facie case of age discrimination by presenting evidence that he belonged to a protected class; that he was performing duties he was qualified to perform; … Employer disputes prong 2 as a matter of fact, asserting Complainant was not qualified.

Breitkreutz v. Department of Public Welfare

699 A.2d 1378 · Commonwealth Court of Pennsylvania · Sep 4, 1997

Hayduchak’s assets in order to enable her to qualify for MA. Mrs. Hayduchak was afforded an opportunity to rebut the presumption. … Specifically, she asserts that her affidavit rebutted the hearing officer’s presumption by clearly stating her mother’s fifteen (15) year intention to grant complete ownership of the CDs to her daughters as unencumbered gifts

Menoyo v. Bureau of Professional & Occupational Affairs

157 Pa. Commw. 292 · Commonwealth Court of Pennsylvania · Jul 23, 1993

The letter further stated that because San Juan Bautista is not accredited, the Doctors’ medical school education does not qualify them to train in Pennsylvania. … Flynn, 21 Pa.Commonwealth Ct. 264, 344 A.2d 720 (1975), for the factors to be considered in establishing a vested right.

In re the Tax Assessment of Real Estate of Greater Erie Economic Development Corp.

61 Pa. Commw. 144 · Commonwealth Court of Pennsylvania · Aug 7, 1981

Since GECAC holds neither equitable nor legal title to the subject premises it is clear that its use and occupancy of the same cannot qualify the property for tax exemption. … Thus, the property in question does not qualify as an “institution of charity” eligible for tax exemption under Section 204(a)(3).

Carolina Frt. C. v. Pa. Human Rel. Comm.

99 Pa. Commw. 428 · Commonwealth Court of Pennsylvania · Aug 5, 1986

(b) A person is physically qualified to drive a motor vehicle if that person — (7) Has no established medical history or clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, neuromuscular, or vascular disease … establishes mandatory minimum federal qualifications.

Grieff v. Reisinger

654 A.2d 77 · Commonwealth Court of Pennsylvania · Jan 5, 1995

It is well established that for the real property exception to apply, the dangerous condition of the property itself must cause the injury and “must derive, originate from, or have as its source the Commonwealth realty.” … City of Philadelphia, 537 Pa. 502 , 645 A.2d 184 (1994), where the court clearly stated: We have consistently maintained our view that the focus of the negligent act involving a use of government owned or controlled land

Cureton Ex Rel. Cannon v. Philadelphia School District

798 A.2d 279 · Commonwealth Court of Pennsylvania · Apr 18, 2002

Local government agencies are generally immune from tort liability. Section 8541 of the Judicial Code. This “governmental immunity,” however, is not absolute. … The trial court granted compulsory nonsuit based upon governmental immunity.

M. Morgalo v. S. Gorniak (SCI Albion Accountant) v. Montgomery County Clerk of Courts

134 A.3d 1139 · Commonwealth Court of Pennsylvania · Mar 8, 2016

In Section 5524 of the Judicial Code, the General Assembly established a two-year limitations period for certain claims. … In Section 8522(b) of what is commonly known as the Sovereign Immunity Act,10 the General Assembly waived sovereign immunity for damages caused in nine specific instances, none of which apply to this case.11 42 Pa.C.S. §

Pocono Community Theater v. Monroe County Board of Assessment Appeals

142 A.3d 110 · Commonwealth Court of Pennsylvania · Apr 20, 2016

For this reason, the Pennsylvania Supreme Court established a five-prong test to determine whether an institution qualifies as a purely public charity in Hospital Utilization Project, 487 A.2d 1306. … Longwood’s public park and cultural facilities fall clearly within the scope of burdens that are routinely shouldered by government.

South Butler County School District v. South Butler County Educational Support Personnel Ass'n, PSEA/NEA

696 A.2d 932 · Commonwealth Court of Pennsylvania · Jul 11, 1997

Although the District found Griev-ant to be qualified, the District next offered the position to Deborah Rowe, who the District considered to be more qualified than Grievant. … We believe that this statement is superfluous to the trial court's decision, which clearly explained its basis for vacating the award.

Commonwealth v. Philadelphia Gas Works

25 Pa. Commw. 66 · Commonwealth Court of Pennsylvania · Jun 3, 1976

Chapter 9 of that Article establishes departmental boards and commissions. … Southwestern Delaware Cownty Municipal Authority, supra, held that property owned by a municipality and devoted exclusively to public purposes is immune from any form of taxation or assessments unless a statute clearly and