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12 Pennsylvania opinions name it 5 courts 1973–2026 1 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Snyder v. Harmongreen2 sentences2026The Parking Authority emphasizes that the real estate exception to the rule of governmental immunity can be applied “only to those cases where it is alleged that the artificial condition or defect of the land itself causes the injury, not merely when it facilitates the injury by acts of others[.]” Parking Authority’s Brief at 13-14 (quoting Snyder v. Harmon, 562 A.2d 307, 312 (Pa. 1989)). 2026Liability is only imposed under the real property exception for “negligence which makes government-owned property unsafe for the activities for which it may be reasonably foreseen to be used.” Id. at 14 (quoting Kasavage v. Philadelphia, 524 A.2d 1089, 1091 (Pa. Cmwlth. 1987)) (emphasis in original). | 1 | 3 |
Kasavage v. City of Philadelphiagreen1 sentence2026Liability is only imposed under the real property exception for “negligence which makes government-owned property unsafe for the activities for which it may be reasonably foreseen to be used.” Id. at 14 (quoting Kasavage v. Philadelphia, 524 A.2d 1089, 1091 (Pa. Cmwlth. 1987)) (emphasis in original). | 1 | 1 |
Ford v. Kendall Bor. Sch. Districtgreen2 sentences2014And, by the time Ford was decided in 1888, the rule of governmental immunity prevailed in that case of a public school student who was severely injured as the result of a school district employee’s negligence. 121 Pa. 543 , 15 A. 812 . 2014And, by the time Ford was decided in 1888, the rule of governmental immunity prevailed in that case of a public school student who was severely injured as the result of a school district employee’s negligence. 121 Pa. 543 , 15 A. 812 . | 1 | 1 |
Tosto v. Pennsylvania Nursing Home Loan Agencygreen2 sentences1986See Moyer v. Phillips, 462 Pa. 395 , 341 A.2d 441 (1971) and Tosto v. Pennsylvania Nursing Home Loan Agency, 460 Pa. 1 , 331 A.2d 198 (1975)) a classification based solely on status is in a grave constitutional predicament. 1986See Moyer v. Phillips, 462 Pa. 395 , 341 A.2d 441 (1971) and Tosto v. Pennsylvania Nursing Home Loan Agency, 460 Pa. 1 , 331 A.2d 198 (1975)) a classification based solely on status is in a grave constitutional predicament. | 1 | 1 |
Moyer v. PHILLIPS, MDgreen2 sentences1986See Moyer v. Phillips, 462 Pa. 395 , 341 A.2d 441 (1971) and Tosto v. Pennsylvania Nursing Home Loan Agency, 460 Pa. 1 , 331 A.2d 198 (1975)) a classification based solely on status is in a grave constitutional predicament. 1986See Moyer v. Phillips, 462 Pa. 395 , 341 A.2d 441 (1971) and Tosto v. Pennsylvania Nursing Home Loan Agency, 460 Pa. 1 , 331 A.2d 198 (1975)) a classification based solely on status is in a grave constitutional predicament. | 1 | 1 |
Smith v. City of Philadelphiagreen2 sentences1986See also Smith v. City of Philadelphia, 512 Pa. 129 , 516 A.2d 306 (1986) (Larsen, J. dissenting). 1986See also Smith v. City of Philadelphia, 512 Pa. 129 , 516 A.2d 306 (1986) (Larsen, J. dissenting). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ayala v. Philadelphia Board of Public Education
red
2 sentences2014Appellant reviews the history of governmental immunity as it arose in Pennsylvania decisional law, and argues that the Ayala Court correctly abolished such immunity in a case with similar facts to those now before the Court, involving serious injury to a public school student, on the basis that “the rule of governmental immunity for tort is an anachronism, without rational basis, and has existed only by the force of inertia.” 305 A.2d at 883 . 2014Appellant reviews the history of governmental immunity as it arose in Pennsylvania decisional law, and argues that the Ayala Court correctly abolished such immunity in a case with similar facts to those now before the Court, involving serious injury to a public school student, on the basis that “the rule of governmental immunity for tort is an anachronism, without rational basis, and has existed only by the force of inertia.” 305 A.2d at 883 . | 4 | 1981–2014 |
Mascaro v. Youth Study Center
green
2 sentences1995SEPTA v. Simpkins, 167 Pa. Commw. 451 , 648 A.2d 591 (1994); Mascaro v. Youth Study Center, 514 Pa. 351 , 523 A.2d 1118 (1987). 1995SEPTA v. Simpkins, 167 Pa. Commw. 451 , 648 A.2d 591 (1994); Mascaro v. Youth Study Center, 514 Pa. 351 , 523 A.2d 1118 (1987). | 3 | 1990–1995 |
Muskopf v. Corning Hospital District
red
2 sentences1986In Ayala , this Court stated: [W]e must agree with Chief Justice Traynor of the California Supreme Court that “the rule of governmental immunity for tort is an anachronism, without rational basis, and has existed only by the force of inertia.” Muskopf v. Corning Hospital District, supra [ 55 Cal.2d 211 ] at 216, 359 P.2d [457] at 460, 11 Cal.Rptr. [89] at 92 [1961].... “[T]he torts of public employees are properly to be regarded, as in other cases of vicarious liability, as a cost of the administration of government, which should be distributed by taxes to the public.” ... 1986In Ayala , this Court stated: [W]e must agree with Chief Justice Traynor of the California Supreme Court that “the rule of governmental immunity for tort is an anachronism, without rational basis, and has existed only by the force of inertia.” Muskopf v. Corning Hospital District, supra [ 55 Cal.2d 211 ] at 216, 359 P.2d [457] at 460, 11 Cal.Rptr. [89] at 92 [1961].... “[T]he torts of public employees are properly to be regarded, as in other cases of vicarious liability, as a cost of the administration of government, which should be distributed by taxes to the public.” ... | 2 | 1973–1986 |
Southeastern Pennsylvania Transportation Authority v. Simpkins
green
2 sentences1995SEPTA v. Simpkins, 167 Pa. Commw. 451 , 648 A.2d 591 (1994); Mascaro v. Youth Study Center, 514 Pa. 351 , 523 A.2d 1118 (1987). 1995SEPTA v. Simpkins, 167 Pa. Commw. 451 , 648 A.2d 591 (1994); Mascaro v. Youth Study Center, 514 Pa. 351 , 523 A.2d 1118 (1987). | 1 | 1995–1995 |
Love v. City of Philadelphia
red
2 sentences1991Mascaro v. Youth Study Center, 514 Pa. 351 , 523 A.2d 1118 (1987); Love v. City of Philadelphia, 518 Pa. 370 , 543 A.2d 531 (1980). 1991Mascaro v. Youth Study Center, 514 Pa. 351 , 523 A.2d 1118 (1987); Love v. City of Philadelphia, 518 Pa. 370 , 543 A.2d 531 (1980). | 1 | 1991–1991 |
Trenco, Inc. v. Dept. of Transp.
green
2 sentences1991Having said that, we can look to the case of Trenco Inc. v. Commonwealth, Dept. of Transportation, 126 Pa. Commw. 501 , 560 A.2d 285 (1989), for guidance, although it is not on all fours with the present case. 1991Having said that, we can look to the case of Trenco Inc. v. Commonwealth, Dept. of Transportation, 126 Pa. Commw. 501 , 560 A.2d 285 (1989), for guidance, although it is not on all fours with the present case. | 1 | 1991–1991 |
Carroll v. County of York
green
2 sentences1986We further stated in Ayala , per Justice Roberts, “we must agree with Chief Justice Tray-nor of the California Supreme Court that ‘the rule of governmental immunity is an anachronism, without rational basis....”’ Id., 453 Pa. at 592 , 305 A.2d 877 . 9 Id., 496 Pa. at 381-382 , 437 A.2d at 403-404 . 1986We further stated in Ayala , per Justice Roberts, “we must agree with Chief Justice Tray-nor of the California Supreme Court that ‘the rule of governmental immunity is an anachronism, without rational basis....”’ Id., 453 Pa. at 592 , 305 A.2d 877 . 9 Id., 496 Pa. at 381-382 , 437 A.2d at 403-404 . | 1 | 1986–1986 |
DuBree v. Commonwealth
green
1 sentence1981We further stated in Ayala , per Justice Roberts, “we must agree with Chief Justice Traynor of the California Supreme Court that ‘the rule of governmental immunity is an anachronism, without rational basis ....’” Id., 453 Pa. at 592, 305 A.2d 877 . 9 Cf. Dubree v. Commonwealth, 481 Pa. 540 , 393 A.2d *382 293 (1978) wherein the doctrine of official immunity was upheld but was restricted to cases where the public policy (of ensuring that an official will exercise his judgment unhampered by the threat of personal liability) will be served. | 1 | 1981–1981 |
Flagiello v. Pennsylvania Hospital
green
1 sentence1973The pleadings in this litigation require that we decide whether the defendant hospital should answer the charges brought against it by the plaintiff.” Id. at 503-04, 208 A. 2d at 202 . 7 Thus, we must agree with Chief Justice Traynor of the California Supreme Court that “the rule of governmental immunity for tort is an anachronism, without rational basis, and has existed only by the force of inertia.” Muskopf v. Corning Hospital District, supra at 216, 359 P. 2d at 460 , 11 Cal. Rptr. at 92 . | 1 | 1973–1973 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.