eight exceptions to governmental immunity (Pennsylvania) · Go Syfert
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eight exceptions to governmental immunity in Pennsylvania

6 Pennsylvania opinions name it 3 courts 1989–2017 0 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 (5)

CaseFollowedCited
Medicus v. Upper Merion Townshipgreen
pacommwct · 1984 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017McCarthy v. City of Bethlehem, 962 A.2d 1276, 1279-80 (Pa. Cmwlth. 2008); Medicus v. Upper Merion Township, 475 A.2d 918, 921-22 (Pa. Cmwlth. 1984). 4 negligent act of the local agency or its employee acting within the scope of his office or duties; and (3) the negligent act of the local agency or employee falls within one of the eight exceptions to governmental immunity enumerated in Section 8542(b) of the PSTCA. 42 Pa. C.S. § 8542(a); McCarthy v. City of Bethlehem, 962 A.2d 1276, 1278 (Pa. Cmwlth. 2008).

11
McCarthy v. City of Bethlehemgreen
pacommwct · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
2 sentences

2017McCarthy v. City of Bethlehem, 962 A.2d 1276, 1279-80 (Pa. Cmwlth. 2008); Medicus v. Upper Merion Township, 475 A.2d 918, 921-22 (Pa. Cmwlth. 1984). 4 negligent act of the local agency or its employee acting within the scope of his office or duties; and (3) the negligent act of the local agency or employee falls within one of the eight exceptions to governmental immunity enumerated in Section 8542(b) of the PSTCA. 42 Pa. C.S. § 8542(a); McCarthy v. City of Bethlehem, 962 A.2d 1276, 1278 (Pa. Cmwlth. 2008).

2017McCarthy v. City of Bethlehem, 962 A.2d 1276, 1279-80 (Pa. Cmwlth. 2008); Medicus v. Upper Merion Township, 475 A.2d 918, 921-22 (Pa. Cmwlth. 1984). 4 negligent act of the local agency or its employee acting within the scope of his office or duties; and (3) the negligent act of the local agency or employee falls within one of the eight exceptions to governmental immunity enumerated in Section 8542(b) of the PSTCA. 42 Pa. C.S. § 8542(a); McCarthy v. City of Bethlehem, 962 A.2d 1276, 1278 (Pa. Cmwlth. 2008).

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Meyer v. Community College of Beaver Countygreen
pacommwct · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2010–2010
1 sentence

2010See Meyer, 965 A.2d at 413 (“[Ijmmunity from statutory damages is only waived for negligent acts within the exceptions enumerated in 42 Pa.C.S. § 8542(b).”); Barr, 968 A.2d at 239 (applying identical reasoning).

11
Barr v. Community College of Beaver Countygreen
pacommwct · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2010–2010
1 sentence

2010See Meyer, 965 A.2d at 413 (“[Ijmmunity from statutory damages is only waived for negligent acts within the exceptions enumerated in 42 Pa.C.S. § 8542(b).”); Barr, 968 A.2d at 239 (applying identical reasoning).

11
Wiehagen v. Borough of North Braddockgreen
pacommwct · 1989 · cited in 1 Pennsylvania opinions naming this issue, 1991–1991
2 sentences

1991In reaching this decision, the Commonwealth Court determined that indemnification is not limited to conduct falling within the eight exceptions to governmental immunity provided in Section *521 8542(b) 3 of the Act because “the Act cannot immunize a municipality against a federal cause of action.” Wiehagen v. Borough of North Braddock, 126 Pa.Commw. 353, 356, 559 A.2d 991, 993 (1989).

1991Thereafter, the Commonwealth Court stated that “since the Borough has stipulated that Wiehagen was acting within the scope of his duties when he struck Isles, and a judgment has been rendered against Wiehagen as a result of this conduct, indemnification must follow.” Id., 559 A.2d at 993 .

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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 (3)

CaseCitedYears
Meyer v. Community College of Beaver County green
pa · 2010
2 sentences

2011The majority of this Court concluded that “local agencies are immune from all statutory causes of action, whether arising in contract or tort, as long as they do not implicate any of the eight exceptions to governmental immunity.” Id. at 543 , 2 A.3d at 501 .

2011The majority of this Court concluded that “local agencies are immune from all statutory causes of action, whether arising in contract or tort, as long as they do not implicate any of the eight exceptions to governmental immunity.” Id. at 543 , 2 A.3d at 501 .

12011–2011
Tyree v. City of Pittsburgh green
pacommwct · 1995
1 sentence

2002Tyree v. City of Pittsburgh, 669 A.2d 487 (Pa. Commw. 1995).

12002–2002
Farber v. ENGLE green
pacommwct · 1987
2 sentences

1989Farber v. Engle, 106 Pa. Commonwealth Ct. 173 , 525 A.2d 864 (1987).

1989Farber v. Engle, 106 Pa. Commonwealth Ct. 173 , 525 A.2d 864 (1987).

11989–1989

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 8542 (6) 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.

Where else courts name it

PA 6 (1989–2017) NM 2 (1994–1994)

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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