Tort - Governmental Immunity - Political Subdivisions

Authors

Marc L. Sternberger

Abstract

The Pennsylvania Supreme Court held that the real estate exception to governmental immunity contained in the Political Subdivision Tort Claims Act was unavailable to the plaintiffs to bring a cause of action against the City of Philadelphia, where the plaintiffs' injuries were caused by the criminal acts of a juvenile who had escaped from a city-run juvenile detention center. Although the negligent maintenance of the detention center may have facilitated the juvenile's escape, the court held that the plaintiffs' injuries were not directly related to the condition of governmental property. Rather, the Pennsylvania Supreme Court held that the injuries were caused by the acts of a third person, and were therefore outside the scope of liability set forth in the real estate exception.

Mascaro v. Youth Study Center, ___ Pa. ___ ,523 A.2d 1118 (1987)

First Page

827

Recommended Citation

Marc L. Sternberger, Tort - Governmental Immunity - Political Subdivisions, 26 Duq. L. Rev. 827 (1988).
Available at: https://dsc.duq.edu/dlr/vol26/iss3/14