Thursday, January 3, 2019

Pennsylvania Supreme Court Rules That Lack of Padding On Public School Gym Walls Falls Within Real Estate Exception to PSTCA


In the case of Brewington v. City of Philadelphia, 23 EAP 2017 (Pa. Dec. 28, 2018)(Maj. Op. by Todd, J.)(Concurring Op. by Wecht, J.), the court considered the current status of the real property exception to the governmental immunity provided by the Political Subdivision Tort Claims Act, 42 Pa.C.S.A. Section 8541 et seq.

In this case, the Court found that the lack of padding on a gym wall in a public school may constitute negligence in the care, custody, and control of real property, and thereby fall within the Act's real estate exception to immunity.  In this matter, a student was injured when he ran into the gym wall during a relay race.

As such, the defendant's motion for summary judgment was denied.

The Majority Opinion by Justice Todd can be viewed at this LINK.  The Concurring Opinion by Justice Wecht can be viewed HERE.

I send thanks to Attorney Scott Cooper of the Harrisburg, PA law firm of Schmidt Kramer for bringing this case to my attention.

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