exceptions to governmental immunity (Pennsylvania) · Go Syfert
← Pennsylvania issues

exceptions to governmental immunity in Pennsylvania

63 Pennsylvania opinions name it 13 courts 1987–2026 3 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.

Followed or applied (27)

CaseFollowedCited
Mascaro v. Youth Study Centergreen
pa · 1987 · cited in 17 Pennsylvania opinions naming this issue, 1988–2017
2 sentences

2002The trial court stated that “[b]ased upon our reading of caselaw and the mandate that the exceptions to governmental immunity be narrowly construed, Mascaro v. Youth Study Center, 514 Pa. 351 , 523 A.2d 1118 (1987), as a matter of law and regardless of what ‘new evidence’ is discovered, the Health Department’s actions taken pursuant to its statutory duty do not equate with Merrymead Farm’s animals *980 being in the control of the Health Department.” September 11, 2001 Trial Court Op. at 6.

2002The trial court stated that “[b]ased upon our reading of caselaw and the mandate that the exceptions to governmental immunity be narrowly construed, Mascaro v. Youth Study Center, 514 Pa. 351 , 523 A.2d 1118 (1987), as a matter of law and regardless of what ‘new evidence’ is discovered, the Health Department’s actions taken pursuant to its statutory duty do not equate with Merrymead Farm’s animals *980 being in the control of the Health Department.” September 11, 2001 Trial Court Op. at 6.

617
WURTH BY WURTH v. City of Philadelphiagreen
pacommwct · 1990 · cited in 5 Pennsylvania opinions naming this issue, 1991–2020
2 sentences

2001In Wurth v. City of Philadelphia, 136 Pa. Commw. 629 , 584 A.2d 403 (1990), the court held: “[t]he affirmative defense of governmental immunity may be raised by preliminary objections in the nature of a demurrer where that defense is apparent on the face of the pleading; that is, that a cause of action is made against a governmental body and it is apparent on the face of the pleading that the cause of action does not fall within any of the exceptions to governmental immunity.

2001In Wurth v. City of Philadelphia, 136 Pa. Commw. 629 , 584 A.2d 403 (1990), the court held: “[t]he affirmative defense of governmental immunity may be raised by preliminary objections in the nature of a demurrer where that defense is apparent on the face of the pleading; that is, that a cause of action is made against a governmental body and it is apparent on the face of the pleading that the cause of action does not fall within any of the exceptions to governmental immunity.

25
Love v. City of Philadelphiared
pa · 1988 · cited in 4 Pennsylvania opinions naming this issue, 1998–2017
2 sentences

2001Pennsylvania courts must apply narrowly the exceptions to governmental immunity, including this ‘motor vehicle’ exception.” See also, Love v. City of Philadelphia, 518 Pa. 370, 373-74 , 543 A.2d 531, 533 (1998); Mascaro v. Youth Study Center, 514 Pa. 351, 361 , 523 A.2d 1118, 1123 (1987).

2001Pennsylvania courts must apply narrowly the exceptions to governmental immunity, including this ‘motor vehicle’ exception.” See also, Love v. City of Philadelphia, 518 Pa. 370, 373-74 , 543 A.2d 531, 533 (1998); Mascaro v. Youth Study Center, 514 Pa. 351, 361 , 523 A.2d 1118, 1123 (1987).

24
Gale v. City of Philadelphiagreen
pacommwct · 2014 · cited in 4 Pennsylvania opinions naming this issue, 2015–2017
2 sentences

2016"In accordance with the General Assembly's expressed intent to insulate local agencies from tort liabilities, the statutory language of the exceptions to governmental immunity contained in Subsection 8542(b) of the Tort Claims Act must be construed narrowly; immunity remains the rule." Gale v. City of Phila., 86 A.3d 318 , 320 (Pa.Cmwlth.2014).

2016And, as indicated above, "[i]n accordance with the General Assembly's expressed intent to insulate local agencies from tort liabilities, the statutory language of the exceptions to governmental immunity contained in Subsection 8542(b) of the Tort Claims Act must be construed narrowly; immunity remains the rule. " Gale v. City of Phila., 86 A.3d 318 , 320 (Pa.Cmwlth.2014) (emphasis added) (citation omitted).

14
Lindstrom v. City of Corrygreen
pa · 2000 · cited in 3 Pennsylvania opinions naming this issue, 2002–2009
2 sentences

2009Finally, the negligent action must fall within one of the exceptions to governmental immunity set forth in 42 Pa.C.S. § 8542(b).” Lindstrom v. City of Corry, 563 Pa. 579 , 763 A.2d 394 (2000).

2009Finally, the negligent action must fall within one of the exceptions to governmental immunity set forth in 42 Pa.C.S. § 8542(b).” Lindstrom v. City of Corry, 563 Pa. 579 , 763 A.2d 394 (2000).

13
Orange Stones Co. v. City of Readinggreen
pacommwct · 2014 · cited in 2 Pennsylvania opinions naming this issue, 2021–2023
2 sentences

2023Regarding sovereign immunity, although Rule 1030 indicates that immunity ordinarily must be raised in New Matter, “a party may raise the affirmative defense of immunity as a preliminary objection where it is clearly applicable on the face of the complaint; that is, that a cause of action is made against a governmental body and it is apparent on the face of the pleading that the cause of action does not fall within any of the exceptions to governmental immunity.” Orange Stones Co. v. City of Reading, 87 A.3d 1014, 1022 (Pa. Cmwlth. 2014) (citation omitted).

2021However, a party may raise the defense as 20 a preliminary objection “where it is clearly applicable on the face of the complaint; that is, that a cause of action is made against a governmental body and it is apparent on the face of the pleading that the cause of action does not fall within any of the exceptions to governmental immunity.” Orange Stones, 87 A.3d at 1022 .

12
Gilius v. Bd. of Supv., Fairview T.green
pacommwct · 1988 · cited in 2 Pennsylvania opinions naming this issue, 1989–2015
2 sentences

1989Here, as in Gilius v. Board of Supervisors of Fairview Township, 122 Pa. Commonwealth Ct. 371 , 552 A.2d 327 (1988), none of Appellants’ allegations of negligence fit within any of the exceptions to governmental immunity encompassed under subsection 8542(b) of the Code.

1989Here, as in Gilius v. Board of Supervisors of Fairview Township, 122 Pa. Commonwealth Ct. 371 , 552 A.2d 327 (1988), none of Appellants’ allegations of negligence fit within any of the exceptions to governmental immunity encompassed under subsection 8542(b) of the Code.

12
Combs v. Borough of Ellsworthgreen
pacommwct · 1992 · cited in 2 Pennsylvania opinions naming this issue, 2002–2014
2 sentences

2014The Court first acknowledged the cases which held that “preliminary objections raising the immunity defense may be considered if the opposing party waives the procedural defect.” Combs, 615 A.2d at 463 (emphasis added.) The Court, however, rejected this approach and held: Even if, in the present matter, this defect had not been waived by appellants, the Court traditionally has reasoned that: the affirmative defense of governmental immunity may be raised by preliminary objections in the nature of a demurrer where that defense is apparent on the face of the pleading; that is, that a cause of act

2002No. 1030(a): "[A]ll affirmative defenses including ... immunity from suit ... shall be pleaded in a responsive pleading under the heading 'New Matter'.” In Combs v. Borough of Ellsworth, 151 Pa.Cmwlth. 21 , 615 A.2d 462 (1992), the Court noted that preliminary objections raising the defense of immunity may be considered if the opposing party waives the procedural defect or if the affirmative defense is apparent on the face of the pleading because a cause of action is made against a governmental body and it is apparent that the cause of action does not fall within any of the exceptions to gover

12
Silkowski v. Hackergreen
pacommwct · 1986 · cited in 2 Pennsylvania opinions naming this issue, 1989–2007
2 sentences

2007Previous attempts to disguise tort causes of action not falling within the exceptions to governmental immunity as assumpsit counts . . . have been rejected by this Court."); Schreck v. North Codorus Township, 126 Pa.Cmwlth. 407 , 559 A.2d 1018, 1022-23 (1989) ("This court has previously rejected attempts to circumvent the above immunity provisions of 42 Pa.C.S. §§ 8541-8564 by fashioning a cause of action in assumpsit which is in reality nothing more than a cause of action sounding in tort."), appeal dismissed, 526 Pa. 266 , 585 A.2d 464 (1991); Silkowski by Silkowski v. Hacker, 95 Pa.Cmwlth.

2007Previous attempts to disguise tort causes of action not falling within the exceptions to governmental immunity as assumpsit counts . . . have been rejected by this Court."); Schreck v. North Codorus Township, 126 Pa.Cmwlth. 407 , 559 A.2d 1018, 1022-23 (1989) ("This court has previously rejected attempts to circumvent the above immunity provisions of 42 Pa.C.S. §§ 8541-8564 by fashioning a cause of action in assumpsit which is in reality nothing more than a cause of action sounding in tort."), appeal dismissed, 526 Pa. 266 , 585 A.2d 464 (1991); Silkowski by Silkowski v. Hacker, 95 Pa.Cmwlth.

12
Com., Dept. of Transp. v. Pattongreen
pa · 1997 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026
1 sentence

2026Whether the local agency could reasonably be charged with notice under the circumstances, i.e., constructive notice, “requires that the dangerous condition be apparent upon reasonable inspection.” Dep’t of Transp. v. Patton, 686 A.2d 1302, 1304 (Pa. 1997). “[E]vidence of similar accidents occurring at substantially the same place and under the same or similar circumstances may, in the sound discretion of the trial Judge, be admissible to prove constructive notice of a . . . dangerous condition.” Stormer v. Alberts Constr.

11
Schreck v. North Codorus Townshipgreen
pacommwct · 1989 · cited in 1 Pennsylvania opinions naming this issue, 2007–2007
2 sentences

2007Previous attempts to disguise tort causes of action not falling within the exceptions to governmental immunity as assumpsit counts . . . have been rejected by this Court."); Schreck v. North Codorus Township, 126 Pa.Cmwlth. 407 , 559 A.2d 1018, 1022-23 (1989) ("This court has previously rejected attempts to circumvent the above immunity provisions of 42 Pa.C.S. §§ 8541-8564 by fashioning a cause of action in assumpsit which is in reality nothing more than a cause of action sounding in tort."), appeal dismissed, 526 Pa. 266 , 585 A.2d 464 (1991); Silkowski by Silkowski v. Hacker, 95 Pa.Cmwlth.

2007Previous attempts to disguise tort causes of action not falling within the exceptions to governmental immunity as assumpsit counts . . . have been rejected by this Court."); Schreck v. North Codorus Township, 126 Pa.Cmwlth. 407 , 559 A.2d 1018, 1022-23 (1989) ("This court has previously rejected attempts to circumvent the above immunity provisions of 42 Pa.C.S. §§ 8541-8564 by fashioning a cause of action in assumpsit which is in reality nothing more than a cause of action sounding in tort."), appeal dismissed, 526 Pa. 266 , 585 A.2d 464 (1991); Silkowski by Silkowski v. Hacker, 95 Pa.Cmwlth.

11
Starr v. Venezianogreen
pa · 2000 · cited in 1 Pennsylvania opinions naming this issue, 2004–2004
2 sentences

2004To qualify for an exception under the Tort Claims Act, a plaintiff is required to prove that (1) the damages would be recoverable under common law or statute against a person unprotected by governmental immunity, and (2) the negligent act of the Authority or its employees, which caused the injury, falls within one of the limited categories of exceptions to immunity. 3 Starr v. Venezi- *480 ano, 560 Pa. 650, 657 , 747 A.2d 867, 871 (2000).

2004To qualify for an exception under the Tort Claims Act, a plaintiff is required to prove that (1) the damages would be recoverable under common law or statute against a person unprotected by governmental immunity, and (2) the negligent act of the Authority or its employees, which caused the injury, falls within one of the limited categories of exceptions to immunity. 3 Starr v. Venezi- *480 ano, 560 Pa. 650, 657 , 747 A.2d 867, 871 (2000).

11
Mickle v. City of Philadelphiagreen
pacommwct · 1996 · cited in 1 Pennsylvania opinions naming this issue, 2001–2001
2 sentences

2001Mickle v. City of Philadelphia, 669 A.2d 520, 522-23 (Pa.Cmwlth.1996), aff'd, 550 Pa. 539 , 707 A.2d 1124 (1998). [1] The sidewalk exception to governmental immunity applies when an injury is caused by: A dangerous condition of sidewalks within the rights-of-way of streets owned by the local agency, except 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 with notice under the circumstances of the dangerous condition ..

2001Mickle v. City of Philadelphia, 669 A.2d 520, 522-23 (Pa.Cmwlth.1996), aff'd, 550 Pa. 539 , 707 A.2d 1124 (1998).

11
Gray v. Loguegreen
pacommwct · 1995 · cited in 1 Pennsylvania opinions naming this issue, 2000–2000
11
Bendas v. Upper Saucon Townshipgreen
pacommwct · 1989 · cited in 1 Pennsylvania opinions naming this issue, 1997–1997
11
McCloskey v. Abington School Districtgreen
pacommwct · 1988 · cited in 1 Pennsylvania opinions naming this issue, 1995–1995
11
Lyons v. City of Philadelphiagreen
pacommwct · 1993 · cited in 1 Pennsylvania opinions naming this issue, 1994–1994
11
Prescott v. Philadelphia Housing Authoritygreen
pacommwct · 1989 · cited in 1 Pennsylvania opinions naming this issue, 1993–1993
11
City of Pittsburgh v. Jodzisgreen
pacommwct · 1992 · cited in 1 Pennsylvania opinions naming this issue, 1993–1993
11
Chambers v. Southeastern Pennsylvania Transportation Authoritygreen
pacommwct · 1989 · cited in 1 Pennsylvania opinions naming this issue, 1993–1993
11
Mindala v. American Motors Corp.green
pa · 1988 · cited in 1 Pennsylvania opinions naming this issue, 1992–1992
11
MacIna v. McAdamsgreen
pasuperct · 1980 · cited in 1 Pennsylvania opinions naming this issue, 1991–1991
11
Musheno v. Lock Haven Universitygreen
pacommwct · 1990 · cited in 1 Pennsylvania opinions naming this issue, 1991–1991
11
Houston v. Central Bucks School Authoritygreen
pacommwct · 1988 · cited in 1 Pennsylvania opinions naming this issue, 1991–1991
11
Natt v. Labargreen
pacommwct · 1988 · cited in 1 Pennsylvania opinions naming this issue, 1989–1989
11
Rippy v. FOGELgreen
pacommwct · 1987 · cited in 1 Pennsylvania opinions naming this issue, 1988–1988
11
Gratkie v. Air Wisconsin, Inc.green
pacommwct · 1987 · cited in 1 Pennsylvania opinions naming this issue, 1988–1988
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (33)

CaseCitedYears
Rhoads Et Ux. v. Lancaster Park. Auth. green
pacommwct · 1987
2 sentences

1993See Prescott v. Philadelphia Housing Authority, 124 Pa. Commonwealth Ct. 124 , 555 A.2d 305 (1989); Rhoads v. Lancaster Parking Authority, 103 Pa. Commonwealth Ct. 303 , 520 A.2d 122 (1987), petition for allowance of appeal denied, 515 Pa. 611 , 529 A.2d 1084 (1987); Frank v. Southeastern Pennsylvania Transportation Authority, 96 Pa. Commonwealth Ct. 221 , 506 A.2d 1015 (1986).

1993See Prescott v. Philadelphia Housing Authority, 124 Pa. Commonwealth Ct. 124 , 555 A.2d 305 (1989); Rhoads v. Lancaster Parking Authority, 103 Pa. Commonwealth Ct. 303 , 520 A.2d 122 (1987), petition for allowance of appeal denied, 515 Pa. 611 , 529 A.2d 1084 (1987); Frank v. Southeastern Pennsylvania Transportation Authority, 96 Pa. Commonwealth Ct. 221 , 506 A.2d 1015 (1986).

21990–1993
Crowell v. City of Philadelphia green
pa · 1992
2 sentences

1993Id.

1993Id.

21992–1993
Walsh v. City of Philadelphia green
pa · 1991
2 sentences

2017Love v. City of Phila., 518 Pa. 370 , 543 A.2d 531 (1988); Walsh v. City of Phila., 526 Pa. 227 , 585 A.2d 445 (1991); Sellers. *1195 PBE further argues that Plaintiffs must allege that the dangerous condition causing the injury must be “of the facilities of steam, water, gas or electric” and “located within rights of way.” 42 Pa. C.S. § 8542(b)(5).

2017Love v. City of Phila., 518 Pa. 370 , 543 A.2d 531 (1988); Walsh v. City of Phila., 526 Pa. 227 , 585 A.2d 445 (1991); Sellers. *1195 PBE further argues that Plaintiffs must allege that the dangerous condition causing the injury must be “of the facilities of steam, water, gas or electric” and “located within rights of way.” 42 Pa. C.S. § 8542(b)(5).

12017–2017
D. Sobat and E. Sobat v. The Borough of Midland ~ Appeal of: E. Sobat green
pacommwct · 2016
1 sentence

2017Sobat, 141 A.3d at 624 ; Gale, 86 A.3d at 320 .

12017–2017
Dorsey v. Redman green
pa · 2014
2 sentences

2017Dorsey v. Redman, 626 Pa. 195 , 96 A.3d 332 (2014); Mascaro v. Youth Study Ctr., 514 Pa. 351 , 523 A.2d 1118 (1987).

2017Dorsey v. Redman, 626 Pa. 195 , 96 A.3d 332 (2014); Mascaro v. Youth Study Ctr., 514 Pa. 351 , 523 A.2d 1118 (1987).

12017–2017
Sanchez v. Philadelphia Housing Authority green
pacommwct · 1992
2 sentences

2016Three years after the denial of the first summary judgment motion, a second judge granted the defendant’s second motion for summary judgment, “finding insufficient facts to bring the action within any of the exceptions to governmental immunity.” Id.

2016On appeal, in Sanchez , this court carefully scrutinized the first and second summary judgment motions and concluded that “both motions asserted entitlement to governmental im-munityt,] and the second motion presented no new factual evidence which warranted a relitigation of the immunity question.” 611 A.2d at 348-49 .

12016–2016
Leone v. Commonwealth, Department of Transportation green
pacommwct · 2001
1 sentence

2013Leone v. Dep’t of Transp., 780 A.2d 754 (Pa.Cmwlth.2001).

12013–2013
Hoy v. Southeastern Pennsylvania Transportation Authority neutral
pa · 1991
2 sentences

2007Previous attempts to disguise tort causes of action not falling within the exceptions to governmental immunity as assumpsit counts ... have been rejected by this Court.”); Schreck v. North Codorus Township, 126 Pa.Cmwlth. 407 , 559 A.2d 1018, 1022-23 (1989) (“This court has previously rejected attempts to circumvent the above immunity provisions of 42 Pa.C.S. §§ 8541-8564 by fashioning a cause of action in assumpsit which is in reality nothing more than a cause of action sounding in tort.”), appeal dismissed, 526 Pa. 266 , 585 A.2d 464 (1991); Silkowski by Silkowski v. Hacker, 95 Pa.Cmwlth. 22

2007Previous attempts to disguise tort causes of action not falling within the exceptions to governmental immunity as assumpsit counts . . . have been rejected by this Court."); Schreck v. North Codorus Township, 126 Pa.Cmwlth. 407 , 559 A.2d 1018, 1022-23 (1989) ("This court has previously rejected attempts to circumvent the above immunity provisions of 42 Pa.C.S. §§ 8541-8564 by fashioning a cause of action in assumpsit which is in reality nothing more than a cause of action sounding in tort."), appeal dismissed, 526 Pa. 266 , 585 A.2d 464 (1991); Silkowski by Silkowski v. Hacker, 95 Pa.Cmwlth.

12007–2007
Schreck v. North Codorus Township neutral
pa · 1991
2 sentences

2007Previous attempts to disguise tort causes of action not falling within the exceptions to governmental immunity as assumpsit counts ... have been rejected by this Court.”); Schreck v. North Codorus Township, 126 Pa.Cmwlth. 407 , 559 A.2d 1018, 1022-23 (1989) (“This court has previously rejected attempts to circumvent the above immunity provisions of 42 Pa.C.S. §§ 8541-8564 by fashioning a cause of action in assumpsit which is in reality nothing more than a cause of action sounding in tort.”), appeal dismissed, 526 Pa. 266 , 585 A.2d 464 (1991); Silkowski by Silkowski v. Hacker, 95 Pa.Cmwlth. 22

2007Previous attempts to disguise tort causes of action not falling within the exceptions to governmental immunity as assumpsit counts . . . have been rejected by this Court."); Schreck v. North Codorus Township, 126 Pa.Cmwlth. 407 , 559 A.2d 1018, 1022-23 (1989) ("This court has previously rejected attempts to circumvent the above immunity provisions of 42 Pa.C.S. §§ 8541-8564 by fashioning a cause of action in assumpsit which is in reality nothing more than a cause of action sounding in tort."), appeal dismissed, 526 Pa. 266 , 585 A.2d 464 (1991); Silkowski by Silkowski v. Hacker, 95 Pa.Cmwlth.

12007–2007
McKeesport Municipal Water Authority v. McCloskey green
pacommwct · 1997
2 sentences

2007Their claim against the County as an additional defendant clearly sounds in tort ....”); cf. McKeesport Municipal Water Authority v. McCloskey, 690 A.2d 766 (Pa.Cmwlth.) (permitting suit against the local agency under the Pennsylvania Uniform Commercial Code, 13 Pa. C.S. §§ 1101-9507, based on the agency’s failure to supply potable water under the terms of a contract in breach of the implied warranty of merchantability), appeal denied, 549 Pa. 708 , 700 A.2d 445 (1997).

2007Their claim against the County as an additional defendant clearly sounds in tort. . . ."); cf. McKeesport Municipal Water Authority v. McCloskey, 690 A.2d 766 (Pa.Cmwlth.) (permitting suit against the local agency under the Pennsylvania Uniform Commercial Code, 13 Pa. C.S. §§ 1101-9507, based on the agency's failure to supply potable water under the terms of a contract in breach of the implied warranty of merchantability), appeal denied, 549 Pa. 708 , 700 A.2d 445 (1997).

12007–2007
Sherman v. City of Philadelphia green
pacommwct · 2000
2 sentences

2005This conclusion was based on Sherman plurality’s “reading of the exceptions to governmental immunity, as well as the common-law theories of liability which they represent. . . .” Id. at 103 .

2005The plurality added that “[tjhis anomaly has arisen, in part, as a result of the language employed in our construction of the exceptions to governmental immunity.” Id.

12005–2005
Estate of Helsel Ex Rel. Hensel v. Complete Care Services, L.P. green
pacommwct · 2002
1 sentence

2004Helsel v. Complete Care Servs., L.P., 797 A.2d 1051 (Pa.Cmwlth.2002) (a wrongful death or medical negligence action against a county facility is barred by governmental immunity); Gill v. County of Northampton, 88 Pa.Cmwlth. 327 , 488 A.2d 1214 (1985); Morris v. Montgomery County Geriatric and Rehab.

12004–2004
Gill v. County of Northampton green
pacommwct · 1985
2 sentences

2004Helsel v. Complete Care Servs., L.P., 797 A.2d 1051 (Pa.Cmwlth.2002) (a wrongful death or medical negligence action against a county facility is barred by governmental immunity); Gill v. County of Northampton, 88 Pa.Cmwlth. 327 , 488 A.2d 1214 (1985); Morris v. Montgomery County Geriatric and Rehab.

2004Helsel v. Complete Care Servs., L.P., 797 A.2d 1051 (Pa.Cmwlth.2002) (a wrongful death or medical negligence action against a county facility is barred by governmental immunity); Gill v. County of Northampton, 88 Pa.Cmwlth. 327 , 488 A.2d 1214 (1985); Morris v. Montgomery County Geriatric and Rehab.

12004–2004
Slough v. City of Philadelphia green
pa · 1998
1 sentence

2001Slough v. City of Philadelphia, 686 A.2d 62 (Pa.Cmwlth.1996), aff'd, 5 53 Pa. 673 , 720 A.2d 485 (1998).

12001–2001
Mickle v. City of Philadelphia green
pa · 1998
2 sentences

2001Mickle v. City of Philadelphia, 669 A.2d 520, 522-23 (Pa.Cmwlth.1996), aff'd, 550 Pa. 539 , 707 A.2d 1124 (1998). [1] The sidewalk exception to governmental immunity applies when an injury is caused by: A dangerous condition of sidewalks within the rights-of-way of streets owned by the local agency, except 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 with notice under the circumstances of the dangerous condition ..

2001Mickle v. City of Philadelphia, 669 A.2d 520, 522-23 (Pa.Cmwlth.1996), aff'd, 550 Pa. 539 , 707 A.2d 1124 (1998). [1] The sidewalk exception to governmental immunity applies when an injury is caused by: A dangerous condition of sidewalks within the rights-of-way of streets owned by the local agency, except 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 with notice under the circumstances of the dangerous condition ..

12001–2001
Slough v. City of Philadelphia green
pacommwct · 1996
1 sentence

2001Slough v. City of Philadelphia, 686 A.2d 62 (Pa.Cmwlth.1996), aff'd, 5 53 Pa. 673 , 720 A.2d 485 (1998).

12001–2001
Latella v. Commonwealth green
pacommwct · 1983
2 sentences

2000Latella v. Com., Unemployment Compensation Board of Review, 74 Pa.Cmwlth. 14 , 459 A.2d 464 (1983)(a court cannot supply an apparent omission in a statute even though it appears that the omission resulted from the legislature’s failure to foresee or contemplate a case in question).

2000Latella v. Com., Unemployment Compensation Board of Review, 74 Pa.Cmwlth. 14 , 459 A.2d 464 (1983)(a court cannot supply an apparent omission in a statute even though it appears that the omission resulted from the legislature’s failure to foresee or contemplate a case in question).

12000–2000
Kennedy v. City of Philadelphia green
pacommwct · 1993
11998–1998
Kennedy v. City of Philadelphia neutral
pa · 1995
11998–1998
J.R.W., Inc. v. Manchester Borough Council green
pacommwct · 1992
11995–1995
Santori v. Snyder green
pacommwct · 1994
11995–1995
Bickert v. Borough of Riverside green
pacommwct · 1988
11993–1993
Frank v. Southeastern Pennsylvania Transportation Authority green
pacommwct · 1986
11993–1993
Carter v. City of Philadelphia neutral
pacommwct · 1991
11992–1992
Whitman v. Riddell green
pa · 1984
11992–1992
Bryson v. SOLOMON green
pacommwct · 1986
11991–1991
BARTELL BY UNDERHILL v. Straub green
pacommwct · 1990
11991–1991
Walch v. Red Hill Borough neutral
pacommwct · 1987
11991–1991
Zern Et Ux. v. Muldoon green
pacommwct · 1986
11990–1990
Mistecka v. Commonwealth green
pacommwct · 1979
11988–1988
Ambacher v. Penrose green
pacommwct · 1985
11988–1988
City of Philadelphia v. Love green
pacommwct · 1986
11987–1987
Casey v. Geiger green
pa · 1985
11987–1987

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 8542 (55) PA § 42 Pa. Cons. Stat. § 8541 (40) PA § 42 Pa. Cons. Stat. § 8522 (13) PA § 42 Pa. Cons. Stat. § 8501 (11) PA § 42 Pa. Cons. Stat. § 8550 (6) PA § 75 Pa. Cons. Stat. § 102 (4) PA § 42 Pa. Cons. Stat. § 8545 (3)

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.

Where else courts name it

PA 63 (1987–2026) MI 29 (1978–2025) CT 7 (1992–2014) ME 6 (1995–2022)

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.

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