general legislative grant immunity (Pennsylvania) · Go Syfert
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general legislative grant immunity in Pennsylvania

8 Pennsylvania opinions name it 2 courts 1983–2026 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.

Followed or applied (1)

CaseFollowedCited
Vann v. Board of Educationgreen
pacommwct · 1983 · cited in 6 Pennsylvania opinions naming this issue, 1984–1987
2 sentences

1987The situation here is similar to that in Johnson, Auerbach, Close, and Robson , and the result here is no different. 12 Therefore, judgment was properly entered against Appellants. *316 Appellants further argue that our decision in Vann v. Board of Education of the School District of Philadelphia, 76 Pa. Commonwealth Ct. 604 , 464 A.2d 684 (1983) is controlling because in Vann we stated that: Section [8542] must be read as a narrow exception to a general legislative grant of immunity and we construe it to impose liability only for negligence which makes government-owned *317 property unsafe fo

1987The situation here is similar to that in Johnson, Auerbach, Close, and Robson , and the result here is no different. 12 Therefore, judgment was properly entered against Appellants. *316 Appellants further argue that our decision in Vann v. Board of Education of the School District of Philadelphia, 76 Pa. Commonwealth Ct. 604 , 464 A.2d 684 (1983) is controlling because in Vann we stated that: Section [8542] must be read as a narrow exception to a general legislative grant of immunity and we construe it to impose liability only for negligence which makes government-owned *317 property unsafe fo

26

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 (4)

CaseCitedYears
Rhoads Et Ux. v. Lancaster Park. Auth. green
pacommwct · 1987
1 sentence

2026Per the Parking Authority, Section 8542 should be construed to impose liability “only for negligence which makes government-owned property unsafe for the activities for which it is regularly used, for which it is intended to be used, or for which it may be reasonably foreseen to be used.” Parking Authority’s Brief at 13 (quoting Rhoads, 520 A.2d at 129 ).

12026–2026
In re Appeal of Meadowbrook Properties, Inc. green
pacommwct · 1985
1 sentence

1986In City of Philadelphia v. Middleton, 89 Pa. Commonwealth Ct. 362 , 492 A.2d 766 (1985), this Court found that the legislative intent in reinstating the Act was to avoid the possible devastating effects of unpredictable numbers of lawsuits against municipalities. “[T]he section must be read as a narrow exception to a general legislative grant of immunity and we construe it to impose liability only for the negligence which makes government-owned property unsafe. . . .” (Emphasis added.) Vann v. Board of Education of School District of Philadelphia, 76 Pa. Commonwealth Ct. 604, 607 , 464 A.2d 68

11986–1986
City of Philadelphia v. Middleton green
pacommwct · 1985
1 sentence

1986In City of Philadelphia v. Middleton, 89 Pa. Commonwealth Ct. 362 , 492 A.2d 766 (1985), this Court found that the legislative intent in reinstating the Act was to avoid the possible devastating effects of unpredictable numbers of lawsuits against municipalities. “[T]he section must be read as a narrow exception to a general legislative grant of immunity and we construe it to impose liability only for the negligence which makes government-owned property unsafe. . . .” (Emphasis added.) Vann v. Board of Education of School District of Philadelphia, 76 Pa. Commonwealth Ct. 604, 607 , 464 A.2d 68

11986–1986
Wimbish v. School District green
pacommwct · 1981
2 sentences

1983Wimbish v. School District of Penn Hills, 59 Pa. Commonwealth Ct. 620 , 430 A.2d 710 (1981). 4 We believe the Section must be read as a narrow exception to a general legislative grant of immunity and we construe it to impose liability only for negligence which makes government-owned property unsafe for the activities for which it is regularly used, for which it is intended to be used, or for which it may be reasonably foreseen to be used. 5 Violent criminal acts such as occurred here are not a reasonably foreseeable use of school property such that the exception will be applied.

1983Wimbish v. School District of Penn Hills, 59 Pa. Commonwealth Ct. 620 , 430 A.2d 710 (1981). 4 We believe the Section must be read as a narrow exception to a general legislative grant of immunity and we construe it to impose liability only for negligence which makes government-owned property unsafe for the activities for which it is regularly used, for which it is intended to be used, or for which it may be reasonably foreseen to be used. 5 Violent criminal acts such as occurred here are not a reasonably foreseeable use of school property such that the exception will be applied.

11983–1983

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 8542 (8) PA § 42 Pa. Cons. Stat. § 8541 (5)

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.

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