Tuesday, August 16, 2011

Municipality Immune From Suit Involving Car Accident Caused by Black Ice on Roadway

In its July 18, 2011 decision in the case of Page v. City of Philadelphia, 2011 WL 2749671, No. 1542 C.D. 2010 (Pa.Cmwlth. July 18, 2011, McGinley, Brobson, Friedman, J.J.)(Opinion by Friedman, S.J.), the Commonwealth Court of Pennsylvania affirmed the entry of a summary judgment in favor of municipality defendants against a claim that the subject car accident was caused by black ice.

The Plaintiffs had claimed that the black ice developed on the roadway by the melting an re-freezing of improperly removed snow and ice.  The Court found that real estate exception and the streets exception to sovereign immunity and governmental immunity were inapplicable because the ice did not derive or originate from the roadway and because the ice was not caused by an improper design or inherent defect of the street itself.

The Opinion in Page v. City of Philadelphia can be viewed online here.

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